IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20130008333
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his award of the Purple Heart.
2. The applicant states he was wounded in action on 9 October 1944 and he was presented the award of the Purple Heart on 23 September 2001 by his congressional representative.
3. The applicant provides a photocopy of himself being presented the Purple Heart and a roster of casualties of the 749th Tank Battalion Association showing he was wounded in action on 9 October 1944.
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 reconstructed records are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 11 January 1943. He entered active service at Fort Thomas, KY on 18 January 1943. He completed his training and departed for the European Theater of Operations (ETO) on 11 February 1944.
4. He arrived in the United Kingdom (Wales) on 24 February 1944 and departed for France on 28 June 1944. He also served in Belgium from December 1944 to October 1945.
5. He departed France on 6 November 1945 for the New York Port of Embarkation and arrived on 13 November 1945. He was transferred to Indian Town Gap Military Reservation, PA where he was honorably discharged on
18 November 1945.
6. His WD AGO Form 53-55 issued at the time of his discharge shows he was awarded the:
* Army Good Conduct Medal
* American Theater Service Ribbon
* European-African-Middle Eastern Theater Service Medal with four bronze service stars
* World War II Victory Medal
7. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry None.
8. A review of the available record shows he was hospitalized at the
6th Convalescent Hospital on an illegible date in September 1944 to 8 October 1944. There is no evidence in the available record that shows he was wounded or treated for wounds received in action.
9. 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. As with all personal decorations, announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded the Purple Heart is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application sufficient evidence to support his claim.
2. The applicant has not provided and the available records do not contain orders awarding him the Purple Heart or evidence showing he was wounded as a result of enemy action and that treatment was made a matter of record.
3. Therefore, in the absence of evidence to show otherwise, there appears to be an insufficient evidentiary basis for adding the Purple Heart to his WD AGO Form 53-55 at this time.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II. 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) AR20130008333
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ABCMR Record of Proceedings (cont) AR20130008333
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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