IN THE CASE OF:	

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130013741 


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 records to show award of the Purple Heart and Marksmanship Qualification Badge.

2.  The applicant states he recently located a telegram and medical record in his personal papers that support his claim to the Purple Heart.  He adds that he has no documents to support his request for the Marksmanship Qualification Badge.

3.  The applicant provides a copy of his separation document, Western Union telegram, and a magnetic resonance imaging (MRI) examination report.

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 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.

3.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he enlisted and entered active duty on 24 June 1943 and he was honorably discharged on 18 January 1946.  He had completed 1 year, 1 month, and 21 days of continental United States service; 
1 year, 5 months, and 4 days of foreign service; and he was credited with 2 years, 6 months, and 25 days of total service.  It also shows in:

   a.  item 3 (Grade):  PFC (Private First Class);

	b.  item 6 (Organization):  Company I, 301st Infantry, 94th Division;

   c.  item 31 (Military Qualification and Date):  "None";

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

   e.  item 34 (Wounds Received in Action):  "None."

4.  An Aid Station Roster, dated 4 February 1945, shows the applicant's name is listed as being admitted/treated at 2100 hours.

5.  There is no evidence in the available military service records that shows the applicant was awarded the Purple Heart or the Marksmanship Qualification Badge.

6.  In support of his application the applicant provides the following documents:

   a.  Western Union telegram, dated 26 January 1945, that shows The Adjutant General of the Army notified the applicant's father that the applicant was slightly injured in action on 8 January 1945 in Germany.

   b.  Diagnostics of Rockland, Inc. and Rockland Diagnostics, MRI Examination Report, dated 26 May 1995, that shows an MRI of the applicant's right knee revealed a tear of the undersurface of the posterior portion of the body of the medial meniscus.

7.  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.  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.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It also sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's available military service records and the applicant provides insufficient evidence that shows he was awarded the Marksmanship Qualification Badge.  Therefore, there is an insufficient evidentiary basis for granting his request for the Marksmanship Qualification Badge.

2.  The evidence of record shows the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  

   a.  The evidence shows that The Adjutant General of the Army confirmed the applicant was slightly injured in action on 8 January 1945 in Germany.  Records also show the applicant received medical treatment on 
4 February 1945.

   b.  Therefore, based on the available evidence, it would be appropriate at this time to award the applicant the Purple Heart and correct his records as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

   a.  awarding the applicant the Purple Heart for wounds received in action on 
8 January 1945 in Germany (Standard Name Line:  PFC  Company I, 
301st Infantry Regiment, 94th Division);

	b.  adding to item 33 of his WD AGO Form 53-55 the Purple Heart; and

   c.  adding to item 34 of his WD AGO Form 53-55 the entry "8 January 1945, Germany."

2.  The Board further determined that 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 the Marksmanship Qualification Badge.

3.  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)                                         AR20130013741



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ABCMR Record of Proceedings (cont)                                         AR20130013741



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