BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120008675 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Purple Heart.

2.  The applicant states:

	a.  He should have been awarded the Purple Heart for combat wounds he incurred in Germany during World War II.  He gave 4 years of his life in 1942 when he was told to report to Fort Snelling, MN.  He completed basic training in San Diego, CA, and then was sent to Fort Dix, NJ.  From there he was sent to North Africa and was in the first invasion there.  He fought all the way up to Tunisia and then back to Algeria for the invasion of Sicily, Italy.  He spent 15 months in Italy and from there he was in the invasion in southern France.

	b.  He was sent to Germany during the Battle of the Bulge, was in Germany all the way through with Patton's Army, and he participated in many campaigns.  In Germany, he got hit by shrapnel in the back and spent 64 days in the hospital in Lyons, France.  The doctor wrote that there was a failure of fusion of the left nerve arch of the sacral segments and straightening of the spine noted in the lateral.  At the time, he was so upset that he turned down a Purple Heart and he regrets that now.

3.  The applicant provides his WD AGO Form 53-55, his Honorable Discharge Certificate, a printout titled Service Record, and an affidavit.


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 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's reconstructed records show he was inducted into the Army of the United States on 17 January 1942 and he entered active duty on that date at Fort Snelling, MN.  At the time of his separation, he held military occupational specialty 741 (Rifleman) and was assigned to the 281st Ordnance Maintenance Company (Anti-Aircraft). 

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 14 January 1943 and arrived in the North African Theater of Operations (NATO) on 27 January 1943.  He departed NATO in September 1943 and arrived in the Mediterranean Theater of Operations (MTO) on 10 October 1944.  He departed the MTO on an unknown date and arrived in the European Theater of Operations (ETO) on an unknown date.  The specific date he departed the ETO is also unknown; however, he arrived back in CONUS on 9 July 1945.  

5.  His reconstructed record contains a U.S. Army Hospitalization File Listing - 1945, wherein it shows he was admitted to the General Hospital, ETO, on 21 February 1945, hospitalized for 54 days, treated for an (old) sacroiliac/lumbo-sacral strain, and was released back to duty in April 1945.

6.  On 17 July 1945, he was honorably discharged by reason of demobilization at Fort Snelling, MN.  He completed 1 year and 5 days of continental service and 2 years, 5 months, and 26 days of foreign service.

7.  His WD AGO 53-55 does not show award of the Purple Heart.  Item 34 (Wounds Receive in Action) of his WD AGO 53-55 contains the entry "None."

8.  There is no evidence in his reconstructed record that shows he was awarded the Purple Heart.

9.  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.

10.  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 the 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.  While the applicant's reconstructed records show he was treated for an old sacroiliac strain while in the ETO, there is no evidence that shows he incurred this injury or any injury as the result of hostile action.  His WD AGO Form 53-55 does not indicate he received a combat-related wound and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.

3.  Notwithstanding the applicant's sincerity, in the absence of documentation that conclusively shows he was wounded as a result of enemy action, there is an insufficient evidentiary basis for granting the requested relief.

4.  Nevertheless, 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)                                         AR20120008675





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ABCMR Record of Proceedings (cont)                                         AR20120008675



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