Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130021221
Original file (20130021221.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20130021221 


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:

	a.  his records were destroyed by a fire in St. Louis in 1973;

	b.  he believes he is entitled to award of the Purple Heart, due to nerve damage and fractures to the metatarsal bones in both of his feet due to a concussion from enemy artillery shells while he was in France in August 1944;

	c.  his charred records indicate he was treated at a field hospital in France in August 1944;

	d.  his physical exam prior to this discharge states, "weak arches and metatarsal"; and

	e.  he has a 20 percent service-connected disability rating from the Department of Veterans Affairs (VA) and is in priority group 3.

3.  The applicant provides:

* his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable  Discharge)
* a self-authored statement
* a partial copy of a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement)
* one page of his medical record

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 applicant's 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 8 April 1943 and entered active duty on 15 April 1943.

4.  He submitted and his record contains:

	a.  A WD AGO Form 38, dated 23 October 1945, which shows he underwent a physical examination prior to his discharge and that exam revealed he had weak arches and metatarsal.  This form is silent on the issue of wounds and injuries.

	b.  Documents that show:

		(1)  he was assigned to the 373d Engineer General Support Regiment at the time they were awarded the Meritorious Service Unit Plaque by General Orders Number 28, dated 11 March 1945; 

		(2)  he participated in the Battle of Northern France and was awarded the Northern France Campaign medal; and 
		
		(3)  he was authorized to wear three overseas service bars. 

	c.  A page from his medical record, which shows he was seen at the 373rd Engineer Field Hospital in France in August 1944; however, this record is silent on the purpose for his treatment.

5.  On 24 October 1945, he was honorably discharged from the Army.  His WD AGO Form 53-55 reveals:

* item 33 (Decorations and Campaigns) does not show award of the   Purple Heart
* item 34 (Wounds Received in Action) the entry "None"
* item 36 (Service Outside Continental United States and Return):

* Date of Arrival, 24 September 1943
* Destination, European Theater
* Date of Departure, 1 July 1945
* Date of Arrival in United States, 10 July 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 his contention is not in question; however, there is no evidence in the available record, and the applicant has not provided sufficient evidence, which 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 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)                                         AR20130021221





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021221



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080017063

    Original file (20080017063.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 9 December 2008 DOCKET NUMBER: AR20080017063 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his available service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile...

  • ARMY | BCMR | CY2001 | 2001062930C070421

    Original file (2001062930C070421.rtf) Auto-classification: Approved

    The applicant requests correction of item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he served in the 358th Infantry Regiment of the 90th Infantry Division. The applicant’s WD AGO Form 53-55 shows award of the Combat Infantryman Badge in item 31 (Military Qualification and Date). There are no orders available to the Board which authorize award of the Purple Heart to the applicant.

  • ARMY | BCMR | CY2010 | 20100008852

    Original file (20100008852.txt) Auto-classification: Denied

    The applicant requests correction to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart and his unit of assignment as Company C, 264th Engineer Battalion. The applicant's WD AGO Form 53-55 shows that no combat wounds were recorded on his separation document. While the applicant did provide two military forms showing he had an authorized absence from Company C, 264th Engineer Battalion in September and October 1945, these...

  • ARMY | BCMR | CY2002 | 2002076696C070215

    Original file (2002076696C070215.rtf) Auto-classification: Approved

    In the absence of evidence to explain either wounding, the Board will assume for purposes of correcting his records, that he was wounded on both 17 July and 8 August 1944, and award him a Purple Heart for each wound. Consequently, there is no basis for the Board to consider awarding him the POW Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart with 1 st Oak Leaf Cluster, for wounds...

  • ARMY | BCMR | CY2001 | 2001061581C070421

    Original file (2001061581C070421.rtf) Auto-classification: Approved

    The Board notes that the applicant’s WD AGO Form 53-55 shows that he was wounded in action twice; however, the available medical evidence shows that the injury incurred in August 1944 was a non-battle injury (i.e., non-hostile action). In view of the foregoing, the applicant’s records should be corrected as recommended below. That all of the Department of the Army records related to this case be corrected by awarding the Purple Heart to the applicant for wounds received on 3 January 1945...

  • ARMY | BCMR | CY2006 | 20060012542

    Original file (20060012542.txt) Auto-classification: Denied

    The applicant, the daughter of a deceased former service member (FSM), requests that he be awarded the Purple Heart. While the Board does not doubt the veracity of the applicant’s claim that her late father is entitled to award of the Purple Heart, there is no evidence in the available records, and the applicant has failed to provide any evidence which conclusively shows the FSM sustained wounds as a result of hostile action, and that treatment for any wounds was made a matter of official...

  • ARMY | BCMR | CY2005 | 20050002221C070206

    Original file (20050002221C070206.doc) Auto-classification: Approved

    The applicant requests correction of his discharge document to show two awards of the Purple Heart. The applicant provides a copy of his Honorable Discharge Certificate; a letter from the U.S. Army Human Resources Command, Military Awards Branch; his Purple Heart award certificate; his orders awarding him the Purple Heart; a DD Form 215 (Correction to DD Form 214); and his WD AGO Form 53-55 (Enlisted Record and Report of Separation). The applicant’s military records are not available to...

  • ARMY | BCMR | CY2007 | 20070005315

    Original file (20070005315.txt) Auto-classification: Denied

    The applicant, the daughter of the deceased former service member (FSM), requests correction of her father's service records to show award of the Purple Heart for injuries received during WWII. The FSM’s military records are not available to the Board for review. The FSM's daughter provided an undated letter titled Head Injury of the FSM during WWII.

  • ARMY | BCMR | CY2005 | 20050017071C070206

    Original file (20050017071C070206.doc) Auto-classification: Denied

    William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Item 34 (Wounds Received in Action) of the applicant's WD AGO 53-55 contains the entry "None." Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.

  • ARMY | BCMR | CY2012 | 20120013853

    Original file (20120013853.txt) Auto-classification: Denied

    The applicant states: a. he was wounded in the right shoulder while in combat in Aachen, Germany, but the Purple Heart was not listed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge); and b. his Department of Veterans' Affairs (VA) Form 526 (Veteran's Application for Pension or Compensation for Disability Resulting from Active Military or Naval Service) shows his injury. The applicant's military records are not available to the Board for review. ...