BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110022946 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states due to the confusion during World War II, he feels awarding the Purple Heart was overlooked.  

3.  The applicant provides:

* Honorable Discharge Certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service)
* WD AGO Form 100 (Separation Qualification Record)
* Department of the Army General Orders (DAGO) Number 65

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 
3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service in Crawford, IA, on 31 March 1944.  This form also shows he held military occupational specialty 745 (Rifleman) and he was assigned to Company A, 1st Battalion, 415th Infantry, 104th Division.

4.  His WD AGO Form 53-55 also shows he departed the Continental United States (CONUS) on 18 September 1944 and he arrived in the European Theater of Operations (ETO) on 25 September 1944.  He departed the ETO on 2 July 1945 and arrived back in CONUS on 11 July 1945.

5.  He completed 1 year, 3 months, and 11 days of CONUS service and
9 months and 24 days of foreign service.  He was honorably discharged on          5 May 1946.  The WD AGO Form 53-55 also shows in:

* Item 31 (Military Qualifications and Date) the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Item 32 (Battles and Campaigns) he participated in the Rhineland and Central Europe campaigns
* Item 33 (Decorations and Citations) the American Theater Ribbon, European-African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, Army Good Conduct Medal, and one overseas service bar
* Item 34 (Wounds Received in Action) the entry "None"

6.  The applicant's service medical records are not available for review with this case.  Additionally, there is no evidence of record and the applicant did not provide any corroborating evidence that shows he incurred a combat wound during World War II.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical 

personnel, and the medical treatment must have been made a matter of official record.

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

* injury caused by enemy bullet, shrapnel, or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire
* concussion injuries caused as a result of enemy-generated explosions

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:

* frostbite or trench foot injuries
* heat stroke
* food poisoning not caused by enemy agents
* chemical, biological, or nuclear agents not released by the enemy
* battle fatigue
* disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action
* self-inflicted wounds, except when in the heat of battle and not involving gross negligence
* post-traumatic stress disorders
* jump injuries not caused by enemy action

8.  The applicant provided DAGO Number 65 dated 24 September 1948, which does not refer to any award pertaining to the applicant.

9.  However, DAGO Number 64, dated 22 September 1948 cited his unit,
1st Battalion, 415th Infantry, for battle honors for exceptionally outstanding performance in action against the enemy from 23 through 25 February 1945 in Germany.

10.  The applicant's reconstructed record shows he is entitled to an award that is not listed on his WD AGO Form 53-55.

11.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Purple Heart:

	a.  the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the wound or injury was the result of hostile action, the wound or injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  Notwithstanding the applicant's sincerity, there is no evidence in his reconstructed record and he did not provide any evidence that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

2.  The evidence of record shows the applicant was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

3.  Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests the Army Review Boards Agency Case Management Support Division, Arlington, VA, administratively correct the records of the individual concerned by:

* awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge
* adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.



      ___________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110022946



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ABCMR Record of Proceedings (cont)                                         AR20110022946



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