IN THE CASE OF: 

		BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120011955 


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 and its addition to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  He states:

   a.  He is seeking award of the Purple Heart for injuries sustained during his tour of duty in Europe under General Patton from July 1944 to August 1945.  In his numerous attempts to be awarded the Purple Heart he came to a road-block when he was told his military records were destroyed in a fire at the St. Louis, MO, Repository along with the records of 18 million service members.
   
   b.  He was asked to provide letters from witnesses to his injuries.  Apparently, the shrapnel scars in his head, currently visible, and the supporting corresponding military records documenting the head injury are not sufficient.  This is very puzzling to him and his family.  Although he has been attending the 558th Battalion reunions for the past 7 years, more of his fellow comrades are now deceased and they were from different companies (he was assigned to Company A), thus they did not witness the action where he sustained his injuries.

3.  He provides:

* WD AGO Form 53-55
* RC Form 1082 (Medical History)
* Letter from the Army Board for Correction of Military Records (ABCMR)
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 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 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, the documentation provided by the applicant is sufficient for the Board to conduct a fair and impartial review of this case.  

3.  His available military record shows he was inducted into the Army of the United States on 4 June 1943 and he entered active duty on 11 June 1943.  

4.  He served overseas in the European Theater of Operations (ETO) from 13 July 1944 to 15 August 1945.  At the time of his separation, he was assigned to Battery A, 558th Field Artillery Battalion, and had performed duties as a cannoneer.

5.  He was honorably discharged on 24 October 1945.  His WD AGO Form 53-55 shows the following:

* Item 31 (Military Qualification and Date) - the Sharpshooter Marksmanship Qualification Badge with Carbine Bar  (M-1)
* Item 32 (Battles and Campaigns) - Northern France, Ardennes, Rhineland and Central Europe campaigns
* Item 33 (Awards and Decorations) the:

* Army Good Conduct Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal

* Item 34 (Wounds Received in Action) - "None," to indicate he was not wounded while he served in the ETO  

6.  He provides a copy of RC Form 1082, dated 12 October 1960, which shows he was diagnosed with a lacerated wound to the scalp, right parietal and a concussion, secondary to the scalp wound during the period  23 June to 16 July 1945.  The form states the information was extracted from available medical records; however, it does not specify his injuries were a result of enemy action.  The form also does not show he was authorized award of the Purple Heart.

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against the 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.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action.  The document he provided was carefully considered; however, this document is insufficient to form a basis for his entitlement to this award.  The document does not confirm he was wounded or treated for wounds as a result of hostile action while serving in the ETO.  Item 34 of his WD AGO Form 53-55 has the entry, "None," to indicate he did not receive a wound in action against a hostile force.  The criteria for award of the Purple Heart specified in the applicable regulation must be met in order that an award of the Purple Heart can be made.  

2.  Based on the foregoing, he does not meet the regulatory requirements for award of the Purple Heart; therefore, regrettably he is not entitled to this award and its addition to his separation document.

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)                                         AR20120011955





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ABCMR Record of Proceedings (cont)                                         AR20120011955



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