BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20120000580 


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, the widow of a deceased former service member (FSM), requests:

* Award of a Purple Heart on behalf of her spouse
* Correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Purple Heart
* Correction of Item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 to show the entry "Wounded in Action"

2.  The applicant states her husband was injured in action in Europe on or about 3 March 1945.  Item 34 of his WD AGO Form 53-55 incorrectly states "None."  He had a 10-inch scar until the day he died.  She is providing a Western Union telegram his mother received and letters from the Disabled American Veterans (DAV) to the FSM and his mother.

3.  The applicant provides:

* A self-authored letter, dated 1 January 2012
* The FSM's WD AGO Form 53-55 for the period ending 23 January 1946 and Honorable Discharge Certificate
* The FSM's WD AGO Form 53-55 for the period ending 1 May 1947 and Honorable Discharge Certificate
* The FSM's Certificate of Fitness, dated 19 February 1944


* The FSM's Certificate of Death Registration issued on 6 July 1995
* Their marriage certificate, dated 8 March 1946
* Western Union telegram
* A handwritten note by the FSM
* A letter from the Department of Indiana DAV to the FSM's "mother," dated 6 April 1945
* A letter from the Department of Indiana DAV to the FSM, dated November 1945
* A Standard Form (SF) 180 (Request Pertaining to Military Records), dated 25 July 2010
* Her form letter to the National Personnel Records Center (NPRC), dated
1 August 2010
* Her letter to the NPRC, dated 16 August 2010
* A letter from the NPRC to her, dated 25 October 2010
* A DD Form 149 (Application for Correction of Military Record), dated 1 December 2010 and self-authored letter dated the same
* A letter from the Army Review Boards Agency, dated 14 July 2011

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 FSM's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, the applicant provided the FSM's WD AGO Forms 53-55 which are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 for the period ending 23 January 1946 shows he was inducted into the Army of the United States and entered active 


service on 31 March 1944 at Fort Benjamin Harrison, IN.  He held military occupational specialty (MOS) 1736 (light tank crewman).

4.  On 23 January 1946, he was honorably discharged at Camp Gordon Johnston, FL, for the purpose of immediate enlistment in the Regular Army (RA).  During this period of service he completed 8 months and 13 days of service in the continental United States (CONUS), and 10 months and 28 days of foreign service in the European Theater of Operations (ETO), for 1 year, 7 months, and 12 days of total active service.  At the time of his discharge he was assigned to Headquarters, Army Service Forces Training Center, 1458 Service Command Unit.

5.  The FSM's WD AGO Form 53-55 for this period of service shows he departed CONUS on 29 September 1944 and he arrived in the ETO on 9 October 1944.  He departed the ETO on 17 August 1945 and arrived back in CONUS on 27 August 1945.

6.  This WD AGO Form 53-55 also shows in:

* Item 32 (Battles and Campaigns) he participated in the Rhineland, Ardennes, and Central Europe campaigns
* Item 33 (Decorations and Citations) three bronze service stars, European Theater Medal, American Service Medal, Army Good Conduct Medal, and the World War II Victory Medal
* Item 34 the entry "None"

7.  On 24 January 1946, the FSM enlisted in the RA and he held MOS 797 (amphibian truck mechanic).  He was assigned to the 461st Transportation Corps Amphibian Truck Company, Fort Eustis, VA.

8.  On 1 May 1947, he was honorably discharged by reason of expiration of term on service.  He completed 1 year, 3 months, and 5 days of active service during this period for 2 years, 10 months, and 17 days of total active service.

9.  Item 33 of the FSM's WD AGO Form 53-55 for this period of service shows the World War II Victory Medal.

10.  The applicant provides a Western Union telegram, date stamped 5 March (no year), wherein only part of the telegram is visible.  It shows

REFERENCE ______ TELEGRAM T__________ ON RECEIVED STATES YOUR SON ________ SERIOUSLY WOUNDED IN ACTION ____ TWE.  VE

There is no indication who the telegram was sent to, who was wounded, the location where the wound occurred, or the year the telegram was sent.

11.  The applicant provides a letter from the DAV to a Mrs. M---e M. K-----s, dated 6 April 1945.  It shows "… for the speedy recovery of your (blank) who was reported wounded in action...."  There is no indication who was injured.  Additionally, there is insufficient evidence to determine if the addressee was the FSM's mother since the last name is different from that of the FSM.

12.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer.  This regulation stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.

13.  Army Regulation 600-8-22 (Military Awards), currently in effect, provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; and concussion injuries caused as a result of enemy generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant provides a Western Union telegram; however, it does not contain sufficient information to determine who the telegram was sent to and reference to whom.  Additionally, there is insufficient evidence to verify if the letter from the DAV to Mrs. K-----s was in fact to the FSM's mother or otherwise.

3.  The FSM's WD AGO Form 53-55 does not show and the applicant has not provided any evidence that shows the FSM was wounded or injured as a result of enemy action and treated for those wounds.  Notwithstanding the applicant's sincerity, in the absence of conclusive evidence that shows the FSM was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for granting the applicant's requested relief.

4.  The applicant and all others should know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X______  __X______  _X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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



      __________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)                                         AR20120000580



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ABCMR Record of Proceedings (cont)                                         AR20120000580



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