IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130012688 


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 and Bronze Star Medal (BSM).

2.  The applicant states, in effect, he was injured by a German tank that hit his foxhole.  He was transferred to a hospital in France where his wounds were treated and he was returned to his unit.  His injuries were never reflected in his records, probably because his commander was killed.

3.  The applicant provides a self-authored statement describing the circumstances and copies of orders discharging him from the 14th Field Hospital, a military service questionnaire, his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), and a letter from his physician indicating he wounded/injured his leg during the war.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, award of the Purple Heart to the applicant based on information contained in the available records and award of the BSM based on his award of the Combat Infantryman Badge (CIB).

2.  Counsel states, in effect, the applicant should be awarded the Purple Heart based on his awards and orders showing he was hospitalized.  Additionally, he should be awarded the BSM based on his award of the CIB.

3.  Counsel provides a statement from an American Legion Service Officer who believes the applicant to be truthful.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 27 June 1944.  He completed his training and departed for the European theater of operations (ETO) on 24 January 1945.  He participated in the Rhineland and Central Europe Campaigns and departed the ETO on 15 February 1946.  He was transferred to Camp Grant, Illinois, where he was honorably discharged on 4 March 1946.  His WD AGO Form 53-55 shows he was awarded the CIB, European-African-Middle Eastern Campaign Medal with two bronze service stars, Army Good Conduct Medal, and World War II (WWII) Victory Medal.  It also shows the entry "NONE" under "Wounds Received in Action."

4.  A review of the available evidence failed to show any indication that the applicant was wounded as a result of enemy action or evidence showing that treatment for such wounds/injuries were made a matter of record.

5.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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 600-8-22  states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders for award of the BSM.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during WWII.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was wounded in action during WWII is not in doubt, the burden of providing sufficient evidence to show the wound was the result of hostile action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of official record rests with the applicant and he has failed to provide such evidence.

2.  In the absence of such evidence, there appears to be an insufficient basis in which to warrant awarding him the Purple Heart at this time.

3.  However, the applicant was awarded the CIB and thus is entitled to award of the BSM under the WWII criteria for that award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the BSM for meritorious service under the WWII criteria based upon his award of the CIB.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during WWII.  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)                                         AR20130012688



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ABCMR Record of Proceedings (cont)                                         AR20130012688



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