BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130017983
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. He states, in effect:
* while in France, he caught pneumonia and was hospitalized
* while in the hospital a plane flew over and while shooting at a train caused flying debris to hit the hospitalized Soldiers
* he was wounded on his arm by shattered glass
* he was sent to the field aid unit for care of his laceration and returned to the front line 3 weeks later
3. He provides:
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge)
* a self-authored statement
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 that the applicants 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's available record shows he was inducted into the Army of the United States on 18 July 1944.
4. On 25 June 1946, he was honorably discharged after completing a total of
1 year, 11 months, and 8 days of active military service.
5. His WD AGO Form 53-55 shows in:
a. item 34 (Wounds Received in Action), the entry None;
b. item 36 (Service Outside Continental U.S. and Return):
* Date of Arrival, 7 January 1945
* Destination, England
* Date of Departure 23 August 1945
6. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to show award of the Purple Heart was carefully considered.
2. The sincerity of the applicant's contention is not in question. However, there is no evidence in the available record and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action. Regrettably, there is an insufficient evidentiary basis for awarding him the Purple Heart or amending his WD AGO Form 53-55 to show he sustained a wound as the result of hostile action.
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) AR20130017983
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ABCMR Record of Proceedings (cont) AR20130017983
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