IN THE CASE OF:	  

		BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120013853 


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:

	a.  he was wounded in the right shoulder while in combat in Aachen, Germany, but the Purple Heart was not listed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge); and

	b.  his Department of Veterans' Affairs (VA) Form 526 (Veteran's Application for Pension or Compensation for Disability Resulting from Active Military or Naval Service) shows his injury.

3.  The applicant provides:

* WD AGO Form 53-55
* VA Form 526
* Medical record extract
* Congressional correspondence

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 records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 4 May 1943 and entered active duty in Camp Beauregard, LA, on 11 May 1943.  This form also shows that at the time of separation he:

* held military occupational specialty (MOS) 056, Mail Clerk
* he was assigned to the 980th Quartermaster Service Company

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 23 March 1944 and arrived in the European Theater of Operations (ETO) on 5 April 1944.  He departed the ETO on 27 November 1945 and arrived back in CONUS on 9 December 1945.

5.  He completed 10 months and 27 days of service in CONUS and 1 year, 8 months, and 17 days of foreign service.  He was honorably separated on 17 December 1945 by reason of demobilization.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows during his service in World War II, he participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and the World War II Victory Medal.

8.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

9.  The applicant provides a copy of his VA Form 526 which shows he injured his right shoulder in December 1944 in Belgium.  He also provides a medical record extract which does not show a patient name.

10.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.

2.  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 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.




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 concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  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)                                         AR20120013853



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ABCMR Record of Proceedings (cont)                                         AR20120013853



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