IN THE CASE OF:	  

		BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130012417 


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 military service records to show he was promoted to Technician 4, injured during World War II, and awarded the Purple Heart, along with several commemorative medals.

2.  The applicant states that he was attached to XVI Corps, 3rd Army, in August 1944 and serving near Paris, France.  His superior noncommissioned officer told him that he qualified for promotion to Technician 4 and that there was an open position for his advancement.  He performed special duty as an interrogator/ interpreter and his duties required him to move to a lot of different locations.

   a.  He states he contracted frozen feet during the Ardennes campaign.  Just prior to the Battle of the Bulge, while he was on a reconnaissance mission near Alsaece-Lorraine by the Moselle River, he was hit by shrapnel.  His team of five Soldiers became detached behind enemy lines for 15 days.

   b.  After the fighting stopped, he returned and was stationed at Bamberg (Bavaria), Germany.  He then performed duty in Prague, Czechoslovakia and also at the Nurnberg Criminal Trials.  All of this moving around prevented him from receiving the approved promotion.  When he was discharged, he was told that the issue would be corrected; however, it was not.

   c.  There are several medals that he was never issued to him, including the Combat Service Commemorative Medal, Overseas Service Commemorative Medal, World War II Victory Commemorative Medal, American Defense Commemorative Medal, World War II Battle of the Bulge Commemorative Medal, U.S. Army Commemorative Medal, and D-Day Commemorative Medal.

3.  The applicant provides no documentary evidence in support of his application.

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.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, most commemorative medals are available thorough commercial dealers.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.  Therefore, commemorative medals will not be discussed further in this Record of Proceedings.

3.  The applicant's military service records are not available to the Board 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.  However, there were sufficient available documents in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  The available records contain a War Department (WD) Form 372B (Final Payment - Work Sheet) that shows the applicant's rank was private first class (PFC) and he was discharged on 11 March 1946.

5.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted on 7 April 1943, entered into active service on 14 April 1943, and was honorably discharged on 
11 March 1946.  It also shows in:

   a.  item 3 (Grade):  PFC;

	b.  item 33 (Decorations and Citations) does not show the Purple Heart;

   c.  item 34 (Wounds Received in Action) shows "None"; and

   d.  item 38 (Highest Grade Held):  PFC

6.  There is no evidence in the available military service records that shows the applicant was advanced, upgraded, or promoted to Technician 4.

7.  There is no evidence in the available military service records that shows the applicant wounded in action, that he suffered severe frostbite while engaged in combat, or that he was awarded the Purple Heart.

8.  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" is 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.  

	a.  An "element" pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.

   b.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was promoted to Technician 4, injured during World War II, and awarded the Purple Heart.

2.  The applicant's Final Payment Worksheet and his discharge document show he held the rank of PFC at the time of his separation.  In addition, his discharge document shows the highest grade he held during his military service was PFC. 

   a.  The sincerity of the applicant's comments regarding his understanding about being promoted is not in dispute.  However, there is no evidence in the available military service records that shows he was advanced, upgraded, or promoted to Technician 4.

   b.  Therefore, there is insufficient evidence to support correction of the applicant's records in this instance.

3.  There is no evidence of record that shows the applicant was wounded in action, that he suffered severe frostbite while engaged in combat, or that he was awarded the Purple Heart.

   a.  The sincerity of the applicant's comments regarding his injuries is not in dispute.  However, in order to qualify for award of the Purple Heart there must be evidence that the individual was wounded or injured while in action in the face of the armed enemy or as a result of a hostile act of such enemy, or that he suffered severe frostbite while engaged in combat.

   b.  Regrettably, the available evidence does not support such a conclusion.

	c.  Therefore, there is insufficient evidence to support award of 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 that 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 to know the sacrifices he made in service to the United States during World War II are deeply appreciated.  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)                                         AR20130012417



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ABCMR Record of Proceedings (cont)                                         AR20130012417



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