IN THE CASE OF:	   

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120006509 


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 two awards of the Purple Heart.

2.  The applicant states, in effect, he served in World War II and the Korean Conflict, and his military service spans more than 12 years while serving with the Gliders and a Field Artillery Battalion in Italy, France, Germany, and Korea.  

3.  Additionally, he states that his medical records show he was treated for wounds while in combat, as follows:

* on 14 May 1944, for contusions and abrasions that he sustained when the driver lost control of a jeep near Mondragone, Italy
* on 3 September 1944, for an abrasion of his upper lip and two broken upper incisors that he sustained while releasing an enemy booby trap

4.  The applicant provides, in support of his application:

* five honorable discharge documents
* three medical forms
* six pages of his military service records
* a letter from the National Personnel Records Center (NPRC)


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 service records are not available in original form to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  The applicant's records were damaged in that fire.  However, copies of his charred records were available and offer sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army (RA) on 29 June 1939.

4.  A War Department, Adjutant General's Office (WD AGO) Form Number 26 (Assignment Card) shows the applicant served in:

* the Aleutian Islands - 5 August to 17 November 1943
* Italy from "1 March 1944 to 15 August 1943" (presumed to be 1944)
* France from 15 August 1944 to 24 March 1945
* Germany from 25 March 1945 to (date not specified)

5.  A WD AGO Form Number 24 (Service Record), covering the period 30 June 1939 to 26 September 1945, contains a section for "Medals, Decorations, and Citations."  The Purple Heart is not listed. 

6.  A WD AGO Form Number 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), completed in September 1945, shows the applicant complained of "teeth lost during motorcycle accident, upper left jaw, August 1944 in France."

7.  An Affidavit completed by the applicant on 21 September 1945 shows in the "Decorations and Citations" section he listed his awards; he did not list the Purple Heart.  In the "Wounds" section he entered "None."

8.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he entered active service on 29 June 1939 and he was honorably discharged on 26 September 1945 based on the convenience of the government (demobilization).  He had completed 4 years,
2 months, and 19 days of continental service; 2 years and 9 days of foreign service; and 6 years, 2 months, and 28 days of total service.  It also shows in:

	a.  item 4 (Arm or Service), Field Artillery;

	b.  item 6 (Organization), Headquarters Battery, 602nd Field Artillery Battalion;

	c.  item 30 (Military Occupational Specialty and Number), Mess Sergeant (824);

	d.  item 31 (Military Qualification and Date):

* Marksman Marksmanship Qualification Badge with Pistol Bar
* Glider Badge

	e.  item 32 (Battles and Campaigns):

* Rome-Arno
* Southern France
* Rhineland
* Central Europe
* Aleutian Islands

	f.  item 33 (Decorations and Citations):

* Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with four bronze service stars
* American Defense Service Medal
* American Theater Campaign Medal with one bronze service star

	g.  item 34 (Wounds Received in Action) "None";

9.  A WD AGO Form Number 24A, covering the period 23 March 1949 to
27 March 1954, shows in:

   a.  section 6 (Original Assignment and Organizations To Which Subsequently Assigned During This Period Of Service), in part, that he was assigned to the 19th Quartermaster Subsistence Supply Company in Korea from 20 September 1950 to 1 February 1952; and

   b.  section 21 (Medals, Decorations, and Citations) does not list the Purple Heart.

10.  Two DD Forms 214, with effective dates of 10 January 1949 and 27 March 1954, fail to show the applicant was awarded the Purple Heart.

11.  A review of the applicant's available military service records failed to reveal any evidence he was awarded the Purple Heart.

12.  In support of his request, the applicant provides the following documents:

   a.  five certificates that document his honorable active service in the RA from 29 June 1939 through 26 September 1945, 20 November 1945 through
10 January 1949, and 23 March 1949 through 27 March 1954.  None of the documents show he was wounded in action or awarded the Purple Heart;

   b.  Three Medical Department Forms 52b that show the applicant:

    	(1)  was treated for contusions (moderate to severe) of his sternum "AI" (Accidentally Incurred) and abrasions of his anti-tibial regions that he sustained on 14 May 1944 when the driver lost control of the jeep; and

    	(2)  was treated for an abrasion of his upper lip and two broken upper incisors that he sustained on 3 September 1944 "while releasing a booby trap."

   c.  six extracts from his military service records that were previously reviewed in this Record of Proceedings.  A review of the documents fails to reveal any evidence he was wounded in action or that he was awarded the Purple Heart;
   
   d.  NPRC letter, dated 17 September 2009, that notified the applicant of the issuance of his authorized awards and decorations; the Purple Heart is not listed on the document.

13.  A Surgeon General's Office (SGO) health record research project, commonly referred to as the "SGO files," involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  A search of these files failed to produce a record pertaining to the applicant showing he was wounded or injured as a result of enemy action.

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows the Purple Heart is awarded to any member who was wounded or killed in action.

   a.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.
   
   b.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.
   
   c.  The regulation provides examples of injuries or wounds which clearly do not justify award of the Purple Heart that, in pertinent part, shows accidents, to include explosive, aircraft, vehicular, and other accidental wounding or injury not related to or caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim to two awards of the Purple Heart was carefully considered.

	a.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound or injury was sustained from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.

	b.  The three medical records provided by the applicant do not offer sufficient evidence to support the applicant's claim.

    	(1)  On 14 May 1944 the incident for which he was treated for contusions and abrasions clearly shows the injuries were accidently incurred when the driver lost control of the jeep.  The evidence of record clearly shows these type injuries or wounds do not justify award of the Purple Heart.

    	(2)  On 3 September 1944, the incident for which he was treated for an abrasion and two broken teeth indicates that it occurred while releasing a booby trap.  The evidence of record fails to establish that the injuries or wounds were a result of a hostile act of such enemy (i.e., an enemy booby trap).  Moreover, in September 1945, during his separation physical examination, the applicant indicated that he lost his teeth in August 1944 in a motorcycle accident in France.
   c.  There is no evidence in the "SGO Files" that shows the applicant was wounded or treated for wounds as a result of hostile action.

2.  Therefore, in view of all the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.

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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  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 and the Korean Conflict 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)                                         AR20120006509



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ABCMR Record of Proceedings (cont)                                         AR20120006509



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