IN THE CASE OF:	  

		BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130014070 


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 award of the Purple Heart.

2.  The applicant states his records do not include a service-related gunshot wound.  At the time of the incident, he was told it could not be reported because blood was not flowing.  This occurred in May 1945.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and two letters from his physician and son.

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 18 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 provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  His available records show he was inducted into the Army of the United States and entered active duty on 10 December 1943.  He held military occupational specialty 932 (special equipment operator).  He served in the European theater of operations from 17 November 1944 through 30 March 1946.

4.  He was discharged on 14 April 1946.  His WD AGO Form 53-55 shows in:

* item 33 (Decorations and Citations) – European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal
* item 34 (Wounds Received in Action) – None

5.  He provided the following:

	a.  A letter from his physician, dated 4 April 2013, stated he was verifying the applicant had indeed suffered and retained gunshot wounds to the head from his service in Germany during World War II.  The applicant had remaining injuries of multiple natures from his service.  He would appreciate the Board's help in expediting the applicant's award of the Purple Heart.

	b.  A letter from his son, dated 20 July 2013, stated his father received his medical care from the Department of Veterans Affairs Western New York Healthcare System.  In April 2013, his father's primary care physician confirmed that his father had pellets lodged in his forehead still to this day from a World War II gunshot wound that he received during his service in Germany in May 1945.  Because of that recent discovery, his father would like his Army records to reflect that wound and requests award of the Purple Heart.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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, have been wounded or killed or who have 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
* 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.

3.  Based on the foregoing, he does not meet the regulatory requirements for award of the Purple Heart.  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 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)                                         AR20130014070



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ABCMR Record of Proceedings (cont)                                         AR20130014070



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