IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120009814
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 was wounded and lost hearing in his left ear due to artillery fire. He was never checked by medics and did not receive the Purple Heart.
3. The applicant provides no supporting documentation.
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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from limited reconstructed personnel records.
3. If any of the applicant's service medical and dental records survived the fire, it is believed they would be on permanent loan to the Department of Veterans Affairs and are not available for review.
4. The applicant served on active duty from 13 July 1943 through 28 March 1946 as a medical aidman. He served in Europe from 18 January 1945 through 12 March 1946.
5. His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), item 34 (Wounds), shows none. This document also shows award of the Combat Medical Badge, World War II (WW II) Victory Medal, American Theater Campaign Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, Bronze Star Medal, and the WWII Honorable Service Lapel Button.
6. In addition to the awards listed on his WD AGO Form 53-55, the Army Reserve Components Personnel and Administration Center appears to have determined he was authorized award of the Good Conduct Medal, Army of Occupation Medal with Germany Clasp, Combat Medical Badge, a second Bronze Star Medal with Oak Leaf Cluster, and a "V" Device for wear on the Bronze Star Medal already in his possession.
7. There is no evidence that the WD AGO 53-55 was corrected to reflect all of his authorized awards.
8. Army Regulation 600-4 (Decorations) provided the policy and provisions during WW II for award of military awards and decorations. It states the Purple Heart is awarded to members of the Armed Forces who are wounded in action against an enemy of the United States, or as a direct act of such enemy, provide that wound necessitated treatment by a medical officer.
DISCUSSION AND CONCLUSIONS:
1. The available record does not contain and the applicant has not provided any evidence to show he was wounded in action against an enemy and received treatment from medical personnel. The applicant himself states he did not receive any medical treatment for the alleged wound.
2. Without verifiable evidence that he was wounded and received medical care for that wound award of the Purple Heart is not warranted.
3. Evidence shows that the applicants record contains an administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
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 determined that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to show his authorized awards include the Bronze Star Medal with Oak Leaf Cluster, a "V" Device for the Bronze Star Medal, Army Good Conduct Medal, Army of Occupation Medal with Germany Clasp, and the Combat Medical Badge.
_______ _ 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) AR20120009814
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009814
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120006206
The applicant's military records are not available to the Board for review. The available medical records show that the applicant was diagnosed with trench foot at the time in question by competent military medical authorities. 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 to show the Purple Heart.
ARMY | BCMR | CY2010 | 20100029116
The applicant's military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to: * award the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge * add the Bronze Star Medal and Army of Occupation Medal with Germany Clasp to his WD AGO Form 53 * add, in the Remarks...
ARMY | BCMR | CY2014 | 20140007017
The applicant, the son of a deceased former service member (FSM), requests that the FSM be awarded the Purple Heart. The evidence shows that the FSM's records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by: * posthumously awarding the FSM the Bronze Star Medal based on his award of the Combat Infantryman Badge * adding to item 33 of his WD AGO Form...
ARMY | BCMR | CY2012 | 20120018342
The applicant's military records are not available to the Board for review. His available records do not show he sustained a concussion during World War II but even if they did, the change is only retroactive to 11 September 2001. d. 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...
ARMY | BCMR | CY2012 | 20120001430
The applicant's military records are not available to the Board for review. 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. Therefore, the Board requests that the ARBA CMD administratively correct the...
ARMY | BCMR | CY2013 | 20130010812
c. A WD AGO Form 106 (Request for Decoration and/or Citation), dated 20 November 1945, shows he requested award of the Purple Heart for frozen feet in combat while he was assigned to the 80th Infantry Division. The evidence shows the FSM's records contain administrative errors which do not require action by the Board. Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned by: a. awarding the FSM the Bronze Star Medal based on award of...
ARMY | BCMR | CY2011 | 20110020390
Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his alleged injuries, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case. The evidence shows the applicant's records contain an administrative error which does not require action by the Board. Therefore,...
ARMY | BCMR | CY2010 | 20100027383
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. The evidence shows the applicant's records contain administrative errors which do not require action by the Board. Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned by: * awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge * deleting the...
ARMY | BCMR | CY2014 | 20140016069
Regrettably, in the absence of medical records supporting the applicant's contention, there is insufficient evidence to correct the FSM's records to show award of the Purple Heart in this case. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below. Therefore, the Board requests that the ARBA CMD...
ARMY | BCMR | CY2011 | 20110009349
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 26 January 1946 to show award of the Purple Heart. The applicant provided a memorandum from the Adjutant of Headquarters, Special Troop, AFWESPAC, dated 27 November 1945 addressed to the Commander, Company C, 172nd Infantry, 43rd Division requesting information whether the applicant was ever eligible for the Combat Infantryman Badge and the Purple...