IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120001514
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 correction of his records to show award of the Purple Heart. He also requests reconsideration of his earlier appeal to change his discharge document to show he had not been reduced in rank.
2. The applicant states that:
a. on the 7th day of the invasion in 1941, he was blown off his halftrack in Normandy. The medic took shrapnel from his back and patched him up. The medic wanted to send him back to England but he refused because he wanted to stay with his unit. He is now 92 years old and would like to have the award before he dies.
b. after he was discharged he went to the Department of Veterans Affairs (VA) hospital where they fixed him up with a brace. He had to have a flat board to sleep at night. Her has been wearing a brace ever since. He walks using a cane or walker.
3. The applicant provides copies of his:
* DD Form 149 (Application for Correction of Military Records) dated
10 December 2009
* Honorable Discharge Certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* general orders showing award of the American Defense Service Medal
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 earlier request to have his discharge document corrected to show his pay grade as Technician 4, not Technician 5, was considered by the ABCMR in docket number AR20060011369 on 13 March 2007. Army Regulation 15-185 sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered. This request for reconsideration was received more than 1 year after the ABCMRs original decision. The matter will not be further discussed in these proceedings.
3. The applicant's complete 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, there are sufficient documents available to conduct a fair and impartial review of this case.
4. The applicant's WD AGO Form 53-55 shows:
a. he was inducted into the Army of the United States on 17 October 1941 and entered active duty on that date.
b. he served as a truck driver.
c. he participated in the Normandy, Northern France, Rhineland, and Central Europe campaigns;
d. he was awarded the Distinguished Unit Badge, Army Good Conduct Medal, American Defense Service Medal, European-African-Middle-Eastern Campaign Medal with bronze service Arrowhead, World War II Victory Medal, and he was issued the Army Lapel Button;
e. he did not receive any wounds in action; and
f. he was honorably discharged on 13 October 1945 at Fort Devens, MA.
5. A medical examination, dated 12 October 1945, shows he stated he had "Pain in back-irregular also in right knee." The examining official annotated that in his opinion, the wound or injury was incurred in line of duty.
6. Army Regulation 600-8-22 (Military Awards) states 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 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.
DISCUSSION AND CONCLUSIONS:
1. There are no available general orders showing the FSM was awarded the Purple Heart. The available documentation shows that while he may have been injured in the line of duty, there is no evidence the wound was sustained while in action against an enemy or as a result of hostile action. Furthermore, there is no medical evidence showing he received treatment for any wounds received as a direct result of enemy action.
2. Regrettably, in view of the above the applicant's request should be denied.
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 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) AR20110007895
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120001514
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110004571
Application for correction of military records (with supporting documents provided, if any). The applicants request that the FSM's record be corrected to show award of the PH and the supporting documents she provided have been carefully considered. By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action.
ARMY | BCMR | CY2014 | 20140006303
Application for correction of military records (with supporting documents provided, if any). The applicant, the daughter of a deceased former service member (FSM), requests that the FSM's military records be corrected to show he was awarded the Purple Heart. Furthermore, the statements made by the applicant in this case clearly indicate that the FSM did not receive any medical treatment for the shrapnel wounds and that the fragments remained in his arm until his passing.
ARMY | BCMR | CY2009 | 20090018914
The applicant provides the FSM's death certificate, dated 17 January 2009; a statement by the FSM's former executive officer, dated 28 August 2009; and the FSM's previously-submitted WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and Honorable Discharge Certificate, dated 30 November 1945, in support of her request. However, there is insufficient evidence to grant the FSM the Purple Heart in this case. Regrettably, absent evidence which conclusively...
ARMY | BCMR | CY2013 | 20130021515
He and his sergeant were wounded when a shell exploded sending him and his sergeant back into the trenches. The applicant provides Congressional correspondence and the following previously-considered and/or available documents: * Self-authored summary of service highlights * Letters from fellow Soldiers * Certificate showing another Soldier was awarded the Purple Heart * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * Honorable Discharge Certificate *...
ARMY | BCMR | CY2013 | 20130000937
The applicant requests the records of his deceased father, a former service member (FSM), be corrected to show he was wounded in action and awarded the Purple Heart. The FSM's military records are not available to the Board for review. Regrettably, absent evidence which conclusively shows the FSM 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,...
ARMY | BCMR | CY2014 | 20140009781
The applicant, the daughter of a deceased former service member (FSM), requests correction of his records to show award of the: * Purple Heart * Prisoner of War Medal 2. Although the FSM's military records were destroyed by fire, sufficient Army records show he was wounded by enemy action and treated; therefore, he is entitled to award of the Purple Heart for injuries incurred on 10 December 1944 and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends...
ARMY | BCMR | CY2011 | 20110010888
His WD AGO Form 53-55 shows in: * Item 6 (Organization) he was assigned to Company E, 325th Glider Infantry Regiment, 82nd Airborne Division * Item 7 (Date of Separation) he was honorably discharged on 19 December 1945 * Item 30 (Military Occupational Specialty (MOS) and Number) he held MOS 745 (Rifleman) * Item 32 (Battles and Campaigns) he participated in the Rhineland, Ardennes, Central Europe, and Normandy campaigns * Item 33 (Decorations and Citations) he was awarded: * Bronze Stars (5)...
ARMY | BCMR | CY2013 | 20130018550
Application for correction of military records (with supporting documents provided, if any). The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's record to show the Purple Heart and any other medals or awards he earned. She provides: * the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * the FSM's Certificate of Death * e-mail correspondence * a letter from the National Personnel Records Center...
ARMY | BCMR | CY2003 | 2003089947C070212
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show award of the Purple Heart. The FSM’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing: a. in Item 32 of his AGO Form 53-55, that he participated in the...
ARMY | BCMR | CY2010 | 20100012227
The applicant states: * His failure to timely file within the 3-year statute of limitations should be null and void since the government has decided to award 17,000 Purple Hearts to deceased POWs * Due to the fire in 1973 in St. Louis, MO and a fire in 1984 in Harrisburg, PA, that held PA veterans service records, it is quite clear the records are not complete * He had to engage in an exhaustive writing campaign with St. Louis to get the medals the FSM earned * He has read over 30 books on...