BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130005199
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 that he be awarded the Purple Heart for injuries received during World War II (WWII).
2. The applicant states, in effect, that he injured his back trying to get a jeep unstuck, he received a fragment wound to his right eye, and his right hand froze. He also had bruised and bleeding knees and elbows due to a bicycle wreck, and he suffered diarrhea during artillery barrages. He also states he was too busy fighting a war and trying to survive to make notes on his injuries. He further states that due to his age at the time he would not admit to being hurt unless it killed him.
3. The applicant provides a one-page letter explaining his request, a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a letter to his Congressional Representative, several articles and photographs, and a diploma.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 3 June 1943 and entered active duty in Erie, Pennsylvania on 10 June 1943. He completed his training as a finance clerk at Fort Benjamin Harrison, Indiana and departed for the European Theater of Operations (ETO) on 11 February 1944.
4. He arrived in the ETO on 24 February 1944 and was assigned to the 77th Finance Disbursing Section. He participated in the Northern France, Rhineland, Ardennes and Central Europe campaigns and departed the ETO on
13 December 1945.
5. On 29 December 1945, he was honorably discharged at Indiantown Gap Military Reservation in Pennsylvania. His WD AGO Form 53-55 shows that he was awarded the Good Conduct Medal, European-African-Middle Eastern Service Medal with four bronze service stars, and the WWII Victory Medal.
6. In block 34, under Wounds Received in Action, is the entry NONE.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was wounded/injured in action during WWII is not in doubt, he has failed to substantiate his claim based on the available evidence.
2. Unfortunately, due to the destruction of his records in the 1973 fire at the NPRC, it is difficult at best to establish what occurred over 68 years ago without documentation of any kind to show treatment for and the cause of his injuries.
3. Therefore, in the absence of evidence to show that he was wounded as a result of enemy action and that medical treatment for that wound was made a matter of record, there appears to be no basis to award him the Purple Heart.
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 to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. 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) AR20130005199
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