IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130000704
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 in the eye and wrist in March 1945. He was told by a medic that he had a retained piece of shell fragment in his eye and should wait until he returned Stateside to have it removed. One night when his eye was festering he took a razor blade and cut open the wound and removed the fragment and the "muscle" that had grown around the fragment.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).
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. 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 reconstructed personnel records.
3. The applicant served on active duty from 15 April 1943 through 9 January 1946 with service in the Mediterranean and European Theaters of Operations from 1 October 1943 through 22 December 1945.
4. His WD AGO Form 53-55 provides the following at:
a. item 33 (Decorations and Citations) and 34 (Military Qualification and Date), the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, World War II Victory Medal, Distinguished Unit Medal, and the Combat Infantryman Badge; and
b. at item 34 (Wounds Received in Action), "NONE."
5. In 1985, a search of the March and April 1945 sick and morning reports for the applicant's unit failed to locate any finding of his being wounded in action.
6. On 13 January 1995, the U.S. Army Reserve Personnel Center authorized the issuance of the following awards:
* Bronze Star Medal (based on the World War (WW) II award of the Combat Infantryman Badge)
* Army Good Conduct Medal
* Presidential Unit Citation (formerly known as the Distinguished Unit Citation)
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Combat Infantryman Badge
* Belgian Fourragere
* Honorable Service Lapel Button WW II
7. Army Regulation 600-4 (Decorations) provided the policy and provisions during WW II for award of military awards and decorations. In pertinent part it states that 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 applicant's personal statement describing his wound and his personal removal of a piece of shrapnel from his eye is insufficient as a sole reason to award him the Purple Heart.
2. Further, the applicant's WD AGO Form 53-55 at item 34 does not show any wounds received in combat.
3. The record contains no documentation to support the applicant's contention that he received a wound or injury that was the result of hostile action and treated by medical personnel for that wound. Without a record of treatment for a wound sustained as the result of enemy action entitlement to the Purple Heart cannot be established.
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) AR20130000704
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