IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001604
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.
2. The applicant states he was shot while performing occupation duty while in Germany on 8 January 1946.
3. The applicant provides:
* Report of Accident, undated, Headquarters, 279th Station Hospital, Office of the Commanding Officer, U.S. Berlin District, Berlin, Germany
* four pages of medical records
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* Birth Certificate
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 applicants 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 applicants 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 official military personnel file (OMPF) is unavailable; therefore, the case is being considered using the documents provided by the applicant.
3. The applicant's WD AGO Form 53-55 shows the following:
* he enlisted in the Army of the United States on 8 January 1944 and entered active duty service on 9 October 1944
* his military occupational specialty was 745 (First Sergeant)
* his battles and campaigns credits as Rhineland and Central Europe
* Item 33 (Decorations and Citations) does not show award of the Purple Heart
* Item 34 (Wounds Received in Action) shows "None"
* he served in the European Theater of Operations from 8 March 1945 to
16 July 1946.
4. He was honorably discharged on 5 August 1946. He was credited with 1 year, 4 months, and 26 days of foreign service. He completed 2 years, 6 months, and 28 days of credible active military service.
5. He provides a Report of Accident which shows he was shot in the left thigh while walking down a side street in Germany by an unknown assailant on 8 January 1946. He also provides medical extracts which show the treatment he received for his gunshot wound and a copy of his birth certificate.
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 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. The applicant's request for award of the Purple Heart was carefully considered.
2. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
3. Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and
treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart in this case.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his 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) AR20120001604
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ABCMR Record of Proceedings (cont) AR20120001604
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