IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130010002
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 reconsideration of his earlier request for award of the Purple Heart for wounds incurred during World War II (WWII).
2. The applicant states:
* during the Battle of the Bulge, when he suspects a metal fragment entered his knee, the vast majority of Soldiers would not leave the line unless they were seriously wounded
* many Soldiers had severe cold weather injuries, himself included, and they refused to seek aid which would have required them to leave their buddies
* as a Platoon Leader, he refused to leave his men
* had he been aware, at the time, that a metal fragment had entered his knee, he seriously doubts he would have sought medical treatment the frostbite on his legs was painful but he refused to leave the line or his men
* the remainder of his military career and civilian employment was uneventful, and nothing that occurred after his service in WWII could account for the metal fragment in his knee
* it is his firm belief that there is no other explanation for the fragment in his knee than the constant shelling he was exposed to from German artillery and mortars during the Battle of the Bulge
3. The applicant provides no additional evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120016976, dated 28 March 2013.
2. Although the applicant provides no new evidence in support of his request, he did submit a new argument that was not previously considered by the Board; therefore, this new argument will now be considered by the Board.
3. The applicant entered active duty, as a member of the Army of the United States, on 14 July 1942. He served in the European African Middle Eastern Theater of Operations from 28 October 1944 through 28 November 1945. He served as a commissioned officer throughout his service during WWII, attaining the rank of captain (CPT).
4. On 1 March 1946, he was honorably discharged from the Army. His WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) shows in:
* Item 29 (Decorations and Citations), no entry to show he was awarded the Purple Heart
* Item 30 (Wounds Received in Action) contains the entry "None"
5. On 14 February 1947, he was commissioned as a Reserve commissioned officer of the Army for service in the U.S. Army Reserve (USAR). On 31 January 1962, he was honorably retired in the rank of major.
6. His available record is void of any documentation that references either combat wounds or injuries incurred or treated during his service in WWII, or an award of the Purple Heart.
7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. Substantiating evidence must be provided to verify 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the conditions during the Battle of the Bulge were so extreme that no man, unless seriously injured, would consider seeking treatment for wounds he may have received, which if treated and recorded, would have resulted in his receipt of the Purple Heart. He further contends he, as well as the other men under his charge, placed the welfare of those around them before their own personal safety, and their devotion to their fellow Soldiers would not let them leave the line. History records these noble characteristics are often present in men trying to survive the horrors of battle.
2. Unfortunately, the applicant cannot state with absolute certainty that the metal fragment in his knee resulted from an enemy artillery or mortar round. He contends it could not have come from anything else; yet, there is no definitive proof it came from the enemy. More importantly, such wounds must have required medical treatment at the time. He acknowledges he did not receive treatment.
3. Unfortunately, the governing Army regulations require specific proof that confirms he was wounded in combat, his wounds required medical treatment, and such treatment was made a matter of official record.
4. Regrettably, there is an insufficient basis to grant relief in this case.
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 to amend the decision of the ABCMR set forth in Docket Number AR20120016976, dated 28 March 2013.
___________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) AR20090012380
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ABCMR Record of Proceedings (cont) AR20130010002
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