IN THE CASE OF:	  

		BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130002634 


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 (PH).

2.  The applicant states:

	a.  He was injured in combat during a mortar attack when he was blown from his position some time during the latter part of October or the beginning of November 1944.

	b.  He was transported to what he believes was the 64th General Hospital in Leghorn (Livorno), Italy, where he was treated for shrapnel wounds to his left leg.

	c.  He remained in the hospital until December 1944 and thereafter he served with the 85th Depot Repair Squadron in Bari, Italy, until he received orders to return to the United States.

3.  The applicant provides:

* self-authored statement
* letter of support
* Constituent Service Authorization Form
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* Honorable Discharge Certificate
* National Personnel Records Center (NPRC) letter, dated 22 November 2012
* WD AGO Form 1 (Company Morning Report), five pages
* Army Review Boards Agency acknowledgement of Congressional Inquiry, dated 9 January 2013

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 NPRC in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the applicant's WD AGO Form 53-55 which he provides.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 November 1943 and entered active duty on 16 December 1943.  

4.  His WD AGO Form 53-55 shows he served in the African-Middle Eastern theater of operations from 15 July 1944 to 15 August 1945 and in the European theater of operations from 24 August 1945 to an unknown date.  He arrived in the United States on 21 April 1946.  It also shows he was awarded or authorized the following awards:

* World War II (WWII) Victory Medal
* Army Good Conduct Medal
* American Theater Ribbon
* European-African-Middle Eastern Campaign Medal with two bronze service stars

5.  On 25 April 1946, the applicant was honorably discharged after completing 2 years, 5 months, and 7 days of creditable active duty service.  His WD AGO Form 53-55 does not list the PH and item 34 (Wounds Received in Action) contains the entry "NONE."
6.  The applicant provides a letter of support from an individual who restates the information provided to him by the applicant.  He also provides excerpts of a Company F Morning Report which show the following events on the dates indicated:

* 14 October 1944 – the applicant was reassigned to Company F, 135th Infantry Regiment, effective 11 October 1944
* 5 November 1944 – the applicant's status was changed from duty to absent/sick/hospital effective 4 November 1944

7.  The letter from the NPRC to the applicant's Senate representative, dated 22 November 2012, states there are no documents in the NPRC files that indicate the applicant was ever awarded the PH by proper authority while serving on active duty.  There are also no medical treatment records or hospital reports on file that indicate he was ever treated for a combat-related wound or injury during his active duty tenure.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  The regulatory guidance pertaining to award of the PH states that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by medical personnel, and a record of this medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the PH for being wounded in action during WWII.  However, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record to support award of the PH.

2.  Item 34 of the applicant's WD AGO Form 53-55 contains the entry "NONE" which indicates he was not wounded in action.  Further, there are no medical treatment records, hospital reports, or other documents in the NPRC files or provided by the applicant that show he was ever treated for a combat-related wound while serving on active duty.  As a result, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

3.  Absent any evidence to corroborate the information the applicant provides in his supporting statements, or any independent evidence (service medical treatment records) confirming his treatment for a combat-related wound while serving on active duty, it would not be appropriate 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 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 decision 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)                                         AR20130002634



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ABCMR Record of Proceedings (cont)                                         AR20130002634



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