IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130009748
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 record to show he was wounded in action and award of the Purple Heart.
2. The applicant states he was assigned to Headquarters Company, 3rd Battalion, 377th Infantry Regiment when he was wounded. He was shot in the right foot by a Germany sniper in the winter of 1944 while acting as a runner for his commanding officer. He was evacuated to an Army Field Hospital in England for treatment. He believes this wound justifies award of the Purple Heart.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).
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 were lost or destroyed in the National Personnel Records Center (NPRC) fire of 1973. Information herein was obtained from 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 22 July 1942 and he served in an active duty status from 4 August 1942 through
20 November 1945
* service in Europe from 26 April 1944 through 5 July 1945
* he received no wounds in action
* award of the Combat Infantryman Badge, Good Conduct Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Ribbon, American Theater Ribbon, and the Honorable Service Lapel Button
4. In the development of this case a search of the health record research project records, commonly referred to as the "SGO Files" was made. These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the NPRC. It was widely believed that they would become a valuable substitute for the records lost in the NPRC fire of 1973. A search of these files found no record of the applicant receiving any wounds.
5. 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.
6. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not provided any documentation to substantiate that he received or was treated for a wound as a result of enemy action.
2. Without substantiation of the receipt of a combat wound the Board must presume administrative regularity. Therefore, regrettably there is insufficient evidence to warrant awarding the applicant the Purple Heart.
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) AR20130009748
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ABCMR Record of Proceedings (cont) AR20130009748
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