IN THE CASE OF: 

		BOARD DATE:	    13 May 2014

		DOCKET NUMBER:  AR20130016445 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart.

2.  The applicant states he was wounded during World War II and his injury was caused by an enemy bullet, shrapnel, or other projectile created by enemy action.

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 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, the applicant's reconstructed record contains sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 30 August 1944 and he entered active service on that date.  At the time of his separation, he held military occupational specialty (MOS) 014 (Automotive Mechanic).

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 6 January 1945 and arrived in the European Theater of Operations (ETO) on 14 January 1945.  He was assigned to the 314th Infantry Regiment and at that time he held MOS 745 (Rifleman).

5.  On 30 March 1945, he sprained his right ankle when he jumped off a tank during combat.  His records contain a medical record wherein it shows on 31 March 1945, he was hospitalized at the 8th Convalescent Hospital and treated for his sprained ankle and pneumonia.  

6.  On 12 September 1945, he was hospitalized at the 97th General Hospital, Germany and treated for a mixed psychoneurosis manifested by insomnia, shortness of breath, battle dreams and various somatic complaints.  On 6 October 1945, he was returned to duty.

7.  His WD AGO Form 20 (Soldier's Qualification Card) shows on 25 November 1945 he was assigned in MOS 014 to the 397th Military Police Battalion, Germany.

8.  On 4 May 1946, he received burns to his face, neck, and hands when he lit a cigarette in the unit paint shop and it ignited gasoline that was on his hands and the shop floor.  He was hospitalized at the 385th Station Hospital and treated for his injuries which were determined to not be sufficient to cause permanent disability.

9.  He departed the ETO on an unknown date and arrived back in CONUS on 23 June 1946. 

10.  On 30 June 1946, he was honorably discharged.  His WD AGO 53-55 does not show award of the Purple Heart.  Item 34 (Wounds Receive in Action) of this form contains the entry "None."
11.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer.  This regulation 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.

12.  Army Regulation 600-8-22 (Military Awards), currently in effect, provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; and concussion injuries caused as a result of enemy generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as the result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  Although the applicant may have sprained his ankle when he jumped off a tank, there is no evidence that this injury was sustained as a result of hostile action.  His WD AGO Form 53-55 does not indicate he received a combat-related wound and he has not provided any evidence that shows he was wounded or injured as a result of hostile action.  

3.  Notwithstanding his sincerity that he sustained an injury caused by an enemy bullet or shrapnel, in the absence of documentation that conclusively shows he was wounded as a result of enemy action and that he was treated for those wounds, there is an insufficient evidentiary basis for granting the requested relief.

4.  Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20130016445





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ABCMR Record of Proceedings (cont)                                         AR20130016445



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