IN THE CASE OF:	  

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120003635 


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 he sustained a gunshot wound that left a permanent injury to his right foot.  He now receives service-connected disability for that injury.  Although the injury was due to an accident and it was not incurred in active combat it happened while he was serving in an active duty status with the combat engineers.  He was sent to the hospital in France and then transferred from the Combat Engineers to the Signal Corps in Belgium.  He was never in actual combat; he was always behind the lines.  

3.  The applicant provides a letter from the National Personnel Records Center. 

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center 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 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted into the Army of the United States on 4 August 1943 and he entered active duty in New York City, NY, on 24 August 1943.  This form also shows at the time of separation he was assigned to the 3292nd Signal Base Maintenance Company. 

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 21 May 1944 and arrived in the European Theater of Operations (ETO) on 1 June 1944.  He departed the ETO on an unknown date and arrived in the Western Pacific Theater of Operations (WPTO) on 7 January 1946.  He departed the WPTO on 7 January 1946 and arrived back in CONUS on 30 January 1946.

5.  He completed 9 months and 5 days of continental service and 1 year,
8 months, and 10 days of foreign service.  He was honorably separated on 9 February 1946 by reason of demobilization with a certificate of eligibility.

6.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Badge with Rifle Bar.

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows during his service in World War II he participated in the Northern France and Rhineland campaigns.

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the:

* Asiatic-Pacific Service Medal
* European-African-Middle Eastern Service Medal
* World War II Victory Medal
* Army Good Conduct Medal

9.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."


10.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, 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 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; and/or concussion injuries caused as a result of enemy generated explosions.

12.  Army Regulation 600-8-22 also provides for award of the Purple Heart to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant describes an accidental gunshot wound that was not caused by enemy action but required treatment.  Although there is no documentary evidence to support what occurred, the situation he describes does not meet the criteria for award of the Purple Heart. 

3.  Notwithstanding his sincerity, there is no evidence in his record 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.

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)                                         AR20120003635



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ABCMR Record of Proceedings (cont)                                         AR20120003635



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