IN THE CASE OF:
BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140001633
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 he was authorized the Purple Heart, but it was never received nor was it annotated on his WD AGO Form 53-55 (Enlisted Record and Report of Separation).
3. The applicant provides:
* Wyoming County Veteran's Service Agency Letter, dated 14 January 2014
* WD AGO Form 53-55
* National Personnel Records Center Letter, dated 30 December 2013
* Army Medical Records
* Casualty Message Telegram, dated 30 January 1945
* WD AGO Form 0305 (Battle Casualty Report, dated 18 January 1945)
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 applicants 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 provided by the applicant to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 6 April 1943 and entered active duty on 13 April 1943. He completed training as a mortar gunner. He arrived in the European Theater of Operations on 28 August 1944.
4. On 30 January 1945, his father was notified that he had been slightly injured on 18 January 1945, while in Belgium. His WD AGO Form 0305 shows he was a battle casualty on 18 January 1945, while in Belgium.
5. His available medical record shows he was evacuated to the hospital on 15 March 1945, due to frostbite to his feet and fingers, which was incurred in action on 10 January 1945 [sic]. An entry was made on one of his medical documents that he was "entitled to the Purple Heart."
6. One document, dated 2 February 1945, states he had mild bilateral frostbite of the feet and fingers, incurred on 10 January 1945. Another document, dated 15 March 1945, states he was convalescing from frostbite, both feet and fingers of both hands, moderate.
7. Information from the Hospital Admission Cards created by the Office of the Surgeon General shows the applicant was hospitalized on 18 January 1945.
8. The applicant departed the European Theater of Operations en-route to the United States on 16 August 1945. On 23 December 1945, he was honorably discharged for the convenience of the government. His WD AGO Form 53-55 shows he was awarded or authorized the following awards:
* American Service Medal
* World War II Victory Medal
* European-African-Middle Eastern Campaign Medal
* Good Conduct Medal
9. There are no orders in the available records that show he was awarded the Purple Heart.
10. 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 while actually engaged in combat was authorized.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were noted and his supporting evidence was considered.
2. There is medical documentation in his record showing that he was evacuated and hospitalized due to mild to moderate frostbite, which he incurred while in action on or about 18 January 1945. Although one medical document indicates he was entitled to the Purple Heart it appears that entry was made by a doctor, not a personnel officer.
3. The applicable regulation states that award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.
4. The available evidence does not show that his frostbite was severe. In view of the foregoing, his request should be denied.
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) AR20140001633
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001633
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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