IN THE CASE OF:	   

		BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130019819 


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, correction of his records to show a second award of the Purple Heart and award of the Silver Star.

2.  The applicant states:

	a.  He was awarded the Purple Heart on 28 September 1944 for a German 
88 millimeter mortar air burst being caught in his left hand.  He was treated at the field hospital and returned to his tank.  He did not receive this award.  On 
28 September 1944, the shortage of gasoline and other supplies had ended.  The 10th Armored Battalion was advancing on Metz when the mortar caught his left hand.  

   b.  He was awarded the Silver Star for meritorious action on 18 November 1944 for rescuing two men pinned down in a ravine.  He was presented this medal while in the hospital in Paris around 29 November 1944.  A large reconnaissance group was caught in a ravine.  Reconnaissance was vital to know where the Germans were planning to make a stand as the Germans had withdrawn and had the time (weeks) to prepare.  The terrain was difficult for their tanks and they had to be cautious.  This persuaded him to volunteer to rescue those pinned down in the ravine.

   c.  He was awarded a second Purple Heart on 20 November 1944 due to shrapnel wounds to his head and body.  He received his medal while in the hospital in Paris around 29 November 1944.  At this time, their tanks were at St. Arnold within a short distance of the Soar River.  At a crossroad, the Germans were lobbing artillery shells to impede their advance.  He was told in the hospital this was when his tank was hit.  

   d.  He also sustained frozen feet on 20 November 1944.  The shrapnel wounds to his left hand, face, neck, and torso are still visible today (after 70 years).  Because he was severely wounded when his tank was destroyed on 20 November he awoke one day later in a hospital in Paris.  In addition to his shrapnel wounds, both of his feet began to swell with great pain and turned black.  His ability to walk is limited.  The Department of Veterans Affairs (VA) rated him at 60 percent (%) disabled.  He is very proud of his service in the Army and considered it as a great time of learning as a young man.  

3.  The applicant provides copies of the following:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* Honorable Discharge Certificate
* a VA Form P-80a (Award of Disability Compensation or Pension) 
* seven character reference letters
* letter from the National Personnel Records Center (NPRC)

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 16 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 contained in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The available records show the applicant was inducted into the Army of the United States 18 August 1943 and entered active duty on 8 September 1943.  He served in the European-African-Middle Eastern Theater (EAMET) from 
17 September 1944 through 18 January 1945.  

4.  His available record contains the following:

   a.  General Orders Number 24, issued by Headquarters, 35th Evacuation Hospital, dated 18 November 1944, awarding him the Purple Heart for wounds received in action in France on 16 November 1944.

   b.  An Office of The Surgeon General Hospital Admission Card that shows he was admitted to the hospital on 16 November 1944 and he received treatment for a neck wound and trench foot.  

	c.  A form (number unknown) shows he was admitted to the 1st Battalion Aid Station, 19th Infantry, France, on 16 November 1944; evacuated via ship and arrived in the Continental United States on 2 February 1945.  He received treatment for trench foot and a shell fragment wound.  

	d.  A WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), which shows he underwent a physical examination on 10 February 1946 for the purpose of separation.  The form indicated he was wounded in the left hand and neck and had trench foot which continued to bother him.  

5.  He was honorably discharged on 11 February 1946 at demobilization.  His WD AGO Form 53-55 shows in:

* Item 31 (Military Qualification and Date) – Combat Infantryman Badge, 19 November 1944
* Item 32 (Battles and Campaigns) – Rhineland and Central Europe
* Item 33 (Decorations and Citations) – the Army Good Conduct Medal, Purple Heart
* Item 34 (Wounds Received in Action) – EAMET 20 November 1944
* Item 55 (Remarks) – World War II Honorable Lapel Button

6.  The available record contains no orders or evidence showing he was awarded a Purple Heart for injuries sustained on 28 September 1944 or the Silver Star for his actions on 18 November 1944.




7.  He provided copies of the following:
   
   a.  A VA Form P-80a, dated 17 May 1946, wherein he was advised of his award of a pension due to disability resulting from trench feet (should read trench foot) and a gunshot wound to his left hand incurred during his World War II service.  He was rated at 10% disabled.  

   b.  Seven character reference letters, dated between 30 December 1982 and 26 January 1983, wherein the individuals congratulated him on being named Chairman and Chief Executive Officer of the Wichita Federal Saving and Loan Association.

8.  On 15 September 2006, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued in response to his request for award of the Bronze Star Medal.  The DD Form 215 corrected his WD AGO Form 53-55 to list the EAME Campaign Medal with two bronze service stars, Bronze Star Medal (based on his award of the Combat infantryman Badge), American Campaign Medal, and World War II Victory Medal.

9.  His available record also contains and he also provided a copy of a letter, dated 11 September 2013, wherein the NPRC advised him that they had no record of him ever receiving the Silver Star.  It further showed his entitlement to the following awards:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal
* American Campaign Medal
* EAME Campaign Medal with two bronze service stars
* World War II Victory Medal
* Combat Infantryman Badge (1st Award)
* World War II Honorable Service Lapel Button 

10.  Army Regulation 600-8-22 (Military Award) states the Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.

11.  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" was 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.  An “element” pertained to weather and the award of this decoration to personnel who were severely frostbitten (emphasis added) while actually engaged in combat was authorized.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the applicant was wounded in action in France on 16 November 1944, received medical treatment, and was awarded the Purple Heart.  This award is currently listed on his WD AGO Form 53-55.

2.  There is no available evidence and he did not provide sufficient evidence to show he was wounded in action on 28 September 1944 and/or received any medical treatment for such wounds.  Medical documentation does show that in addition to the treatment he received for wounds he sustained to his neck and left hand on 16 November 1944 he also received specialized medical treatment for bilateral trench foot (emphasis added).  The regulation in effect at the time did not provide for award of the Purple Heart for "trench foot."  As such, there is insufficient evidence to award him a second award of the Purple Heart as a result of this injury. 

3.  By regulation, in order to support award of a second Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

4.  With respect to the Silver Star, by regulation, for award of the Silver Star the evidence must show the individual gallantry performed while engaged in action against an enemy of the United States with marked distinction.  The available evidence is void of any information that shows he was recommended for, authorized, awarded, or met the criteria for award of the Silver Star during World War II.  In the absence of additional documentation that conclusively shows he met all the criteria for award of the Silver Star, there is insufficient evidence to correct his records to show this award.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The applicant and all others concerned should know that 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.



      ___________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)                                         AR20130019819



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ABCMR Record of Proceedings (cont)                                         AR20130019819

   
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