IN THE CASE OF:	  

		BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130004468 


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 correction of his discharge document to show this award.

2.  The applicant states, in effect, he was hit in both legs during World War II and never received the Purple Heart and it is not listed on his discharge document.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* Honorable Discharge Certificate
* WD AGO Form 100 (Separation Qualification Record)

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, there were sufficient documents remaining in a reconstructed record 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 26 November 1943 and he entered active duty on 17 December 1943.  This form also shows at the time of separation he held military occupational specialty (MOS) 745 (Rifleman) and he was assigned to Company C, 121st Infantry Regiment.

4.  The applicant's WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 30 June 1944 and he arrived in the European Theater of Operations (ETO) on 13 July 1944.  He departed the ETO on 30 January 1945 and arrived back in CONUS on 14 February 1945.

5.  The applicant's WD AGO Form 53-55 shows he completed 10 months and 19 days of continental service, 7 months and 15 days of foreign service, and was honorably discharged on 20 June 1945 with a Certificate of Disability.  This form also shows in:

* Item 31 (Military Qualifications and Date) - the entry "Not Available"
* Item 32 (Battles and Campaigns)- the entry "Not Available"
* Item 33 (Decorations and Citations) - the European-African-Middle Eastern Campaign Medal 
* Item 34 (Wounds Received in Action) - the entry "None"

6.  The information from the Hospital Admission Cards created by the U.S. Army Office of the Surgeon General for the year 1944 shows the applicant was admitted or hospitalized for a non-battle disease (psychoneurosis, hysteria) and dermatophytosis on 22 November 1944.

7.  The applicant's reconstructed records do not contain any Army medical records. 



8.  The applicant provides a copy of his WD AGO Form 100, which shows in the Military Specialties section he served 9 months as a Rifleman in MOS 745 during World War II.  It also states he was a member of a rifle squad, used rifle, hand grenades, grenade launcher, bazooka and bayonet in combat; cleaned, oiled and maintained weapons, and participated in scouting and patrolling missions.

9.  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 criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the wound or injury was the result of hostile action, the wound or injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant's argument that he should be awarded the Purple Heart was carefully considered.  However, there is insufficient evidence to grant him relief in this case.

3.  There is no evidence to show he was wounded in both legs during World War II or to show he wounded or injured as a result of hostile action or treated for such wounds.

4.  In the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action, there is an insufficient evidentiary basis upon which to award the applicant the Purple Heart.

5.  This action in no way diminished the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  



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)                                         AR20130004468



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ABCMR Record of Proceedings (cont)                                         AR20130004468



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