IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130005289
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. He states he served in the Battle of the Bulge and he is suffering residuals from frostbite.
3. He provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and Honorable Discharge Certificate.
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 ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 2 September 1943. He served in the European-African-Middle Eastern theater of operations from 18 November 1944 to 11 March 1946 and he was honorably discharged on 27 March 1946.
4. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show the award of the Purple Heart. Item 34 (Wounds Received in Action) shows "None."
5. There is no evidence in the available records which shows he sustained wounds or was treated for wounds incurred as a result of hostile action.
6. Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a "wound" was defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. An "element" pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.
DISCUSSION AND CONCLUSIONS:
There are no service medical documents and the applicant did not provide any to show he sustained a frostbite injury while engaged in combat during his service in World War II. Regrettably, in the absence of medical records supporting his contention, there is insufficient evidence to award him the Purple Heart 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 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) AR20130005289
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130005289
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110011341
The FSM's military records are not available to the Board for review. The applicant is basing his request for award of the Purple Heart to the FSM on the WD AGO Form 8-24, dated 12 August 1945, which clearly shows the FSM sustained NBC gunshot wounds after being shot by a Frenchman who also shot into several U.S. The applicant provided insufficient evidence to show the FSM was hospitalized to receive medical treatment for severe frostbite or frozen feet while engaged in combat.
ARMY | BCMR | CY2002 | 2002080654C070215
The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. a. by adding the entries, "Purple Heart" and "Bronze Star Medal (based on award of the Combat Infantryman Badge)" in item 33 (Decorations and Citations) on the WD AGO Form 53-55 of the individual concerned:
ARMY | BCMR | CY2014 | 20140016914
The applicant, the sister of a deceased former service member (FSM), requests correction of her late brother's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart, American Campaign Medal, and Army of Occupation Medal with Germany Clasp. Therefore, he is authorized award of the Army of Occupation Medal with Germany Clasp and his WD AGO Form 53-55 should be corrected to show this award. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080018700
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. His being hospitalized is accepted as evidence that he suffered from severe frostbite, and this evidence is sufficient as a basis to correct the applicant's records to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110023400
The applicant's military records are not available to the Board for review. Regrettably, there is insufficient evidence on which to award the Purple Heart in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; b. adding the Bronze Star Medal, World War II Victory Medal, and two bronze service stars for wear on his...
ARMY | BCMR | CY2004 | 2004107005C070208
The applicant requests correction of his records to show that he was wounded in action during his service in World War II. The applicant's military personnel files contain hospital admission records. The applicant's medical records from World War II show that he received wounds as a result of hostile action in December 1944.
ARMY | BCMR | CY2012 | 20120006206
The applicant's military records are not available to the Board for review. The available medical records show that the applicant was diagnosed with trench foot at the time in question by competent military medical authorities. 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 to show the Purple Heart.
ARMY | BCMR | CY2011 | 20110004573
Application for correction of military records (with supporting documents provided, if any). The applicants military records are not available to the Board for review. There is no evidence of record which shows the applicant was diagnosed with severe frostbite.
ARMY | BCMR | CY2011 | 20110024803
The applicants military records are not available to the Board for review. There is no evidence in the available record that shows the applicant was wounded as a result of hostile action during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge effective 30 April 1945; b. awarding him the Bronze Star Medal (based on award of the Combat Infantryman Badge); and c....
ARMY | BCMR | CY2004 | 2004100360C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no indication in the applicant's military service records available for review that he was wounded as the result of hostile action, nor has the applicant provided any proof that he suffered from severe frostbite. There is no evidence in the available military personnel records to support the applicant's contention that he should be awarded the Purple Heart.