BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009825 


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 he was wounded in action and award of the Purple Heart.

2.  The applicant states he was assigned to the 578th Ordnance Ammunition Company during World War II.  He fought in the Rhineland and Central Europe campaigns and he was wounded on his right calf.

   a.  His separation document does not show that he was wounded in action or that he was awarded the Purple Heart.

   b.  He's been told that his military service records were burned in a fire. However, he is hopeful that his unit's records are still available in the National Archives and Records Administration and that they can confirm his claim.

3.  The applicant provides copies of two WD AGO Forms 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) in support of his application.

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 to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the applicant's two WD AGO Forms 53-55 offer sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  A WD AGO Form 53-55 shows the applicant was inducted and entered active duty in the Army of the United States (AUS) on 23 August 1943 and he was honorably discharged on 2 January 1946 based on convenience of the government to enlist in the Regular Army (RA).  He had completed 1 year,
4 months, and 19 days of continental service; 11 months and 20 days of foreign service; and 2 years, 4 months, and 9 days of total service.  It also shows in:

	a.  item 4 (Arm or Service):  Ordnance;

	b.  item 6 (Organization):  578th Ordnance Ammunition Company;

	c.  item 30 (Military Occupational Specialty and Number):  Munition Worker (901);

	d.  item 31 (Military Qualification and Date):  "Records lost thru fire";

	e.  item 32 (Battles and Campaigns):

* Rhineland
* Central Europe

	f.  item 33 (Decorations and Citations):

* European-African-Middle Eastern Campaign Medal with 2 bronze service stars
* Asiatic-Pacific Campaign Medal
* World War II Victory Medal
* American Campaign Medal


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

	h.  item 36 (Service Outside Continental United States and Return):

* European Theater of Operations (ETO) - arrived 24 February 1945, departed 19 July 1945
* Southwest Pacific Area of Operations - arrived 30 August 1945

4.  A WD AGO Form 53-55 shows the applicant entered active duty in the RA on 3 January 1946 and he was honorably discharged on 8 January 1947.  He had completed 11 months and 3 days of continental service; 1 month and 3 days of foreign service; 2 years, 4 months, and 9 days of AUS service; and 3 years,
4 months, and 15 days of total service.  It also shows in:

	a.  item 4:  Air Corps;

	b.  item 6:  1st Aviation Squadron, MacDill Field, Florida;

	c.  item 30:  566, Duty Noncommissioned Officer;

	d.  item 33:

* Asiatic-Pacific Campaign Medal
* World War II Victory Medal

	e.  item 34:  "None"

5.  There is no evidence in the available military service records that shows the applicant was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

6.  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.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The 


Purple Heart is awarded to any member who has been wounded or killed in action.  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.  In order to support awarding a member the Purple Heart, it is necessary to establish that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was wounded in action and that he was awarded the Purple Heart because he was wounded while serving in the ETO at some point during the period 24 February and 19 July 1945.

2.  The applicant's claim to 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 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.

	b.  There is no evidence in the "SGO files" that shows the applicant was wounded or treated for wounds as a result of hostile action.

	c.  Therefore, in view of the foregoing, there is insufficient evidence to grant the requested relief.

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 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)                                         AR20120009825



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ABCMR Record of Proceedings (cont)                                         AR20120009825



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