IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130012039 


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, in effect, award of the Purple Heart.

2.  The applicant states he was shot while on maneuvers at Fort Polk, LA.  There were no witnesses, only observers were present.  He was shot in the forehead, two inches above the left eye, on the last day of training.  He was then put on a bus and returned to camp because he was no longer needed.  He then went to Korea and Japan.  Seventy-seven years later he still has pain in his forehead.  He could have lost his left eye had the rifle been two inches lower.

3.  The applicant provides no additional evidence.

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 complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation contained in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The available records show the applicant was inducted into the Army of the United States on 26 March 1946 and he held military occupational specialty 861 (surgical technician).  He served in the Asiatic-Pacific Theater from 3 September 1946 through 2 March 1947.

4.  He was discharged on 30 April 1947.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows in:

* Item 33 (Decorations and Citations) – the World War II Victory Medal and Army of Occupation Medal 
* Item 34 (Wounds Received in Action) – None
   
5.  His available record contains two letters from the National Personnel Records Center, dated 3 December 2007 and 8 April 2010, advising him of his entitlement to and shipment of the World War II Victory Medal, Army of Occupation Medal with Japan Clasp, World War II Honorable Lapel Button, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Good Conduct Medal.

6.  There are no medical records and no orders in his available records that show he was wounded in action.  

7.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services, has been wounded or killed, or who has died or may hereafter die after being wounded:

* in any action against an enemy of the United States
* in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged
* while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party
* as the result of an act of any such enemy of opposing Armed Forces and/or
* as the result of an act of any hostile foreign force

   b.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the foregoing conditions.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the Purple Heart has been carefully considered.  By regulation, to be awarded the Purple Heart, it is necessary to establish that a Soldier was wounded or injured as a result of any action against an enemy, friendly foreign forces engaged in an armed conflict against an opposing armed force, and any hostile foreign force; the injuries were treated by medical authorities, and were made a matter of official record.  

2.  There is no evidence available and he has not provided sufficient evidence, which confirms he was wounded or treated for wounds as a result of any one of those conditions during his period of service.  He acknowledges that he was shot while at Fort Polk, LA, while on maneuvers, not by enemy forces.

3.  Based on the foregoing, he does not meet the regulatory requirements for award of the Purple Heart; therefore, regrettably there is insufficient evidence to award him the Purple Heart and to have this award added to his WD AGO Form 53-55.

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)                                         AR20130012039



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ABCMR Record of Proceedings (cont)                                         AR20130012039


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