IN THE CASE OF:	  

		BOARD DATE:	    7 October 2014

		DOCKET NUMBER:  AR20140002054 


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 never awarded the Purple Heart for a gunshot wound he received in his leg
* He was shot on D-Day at Omaha Beach
* It was chaotic that day and many Soldiers were killed or wounded
* There was not enough time for the medic to keep track of the wounded
* The medic looked at his leg and the bullet had gone through without hitting an artery or bone, so he put sulphur on it and bandaged the wound
* He returned to battle

3.  The applicant provides:

* Self-authored letter, dated 15 January 2014 
* WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 20 December 1945
* Letter to the President from an unknown individual, dated 26 December 2013


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 was inducted into the Army on 1 September 1943.  He entered active duty on 22 September 1943.  He completed training as a supply clerk.  He arrived in Scotland on 6 April 1944.  He departed Scotland and arrived in the United States on 15 December 1945.

3.  The applicant was honorably discharged on 20 December 1945 for the convenience of the government, due to demobilization.  Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 shows "None."

4.  He enlisted in the Reserves Corps on 20 December 1945 and he was honorably discharged on 27 June 1946 to enlist in the Regular Army (RA).  Item 34 on the WD AGO Form 53-55 he received shows "None."

5.  On 28 June 1946, the applicant enlisted in the RA.  He arrived in the Asiatic-Pacific Theater of Operations on 18 February 1948.  He returned to the United States on 8 April 1949.

6.  On 18 April 1949, the applicant was honorably discharged for the convenience of the government – to reenlist in the RA.  Item 34 (Wounds Received in Action) on the WD AGO Form 53 (Enlisted Record and Report of Separation-Honorable Discharge) shows "None."

7.  The applicant reenlisted in the RA on 19 April 1949.  He was honorably discharged on 15 October 1952, for the convenience of the government.  The 
DD Form 214 he received shows during this period of service he participated in the European Theater of Operations.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 (Report of Separation from the Armed Forces of the United States) shows "None."

8.  A review of the applicant's records fails to show that he was ever wounded as a result of hostile action by enemy forces.  

9.  The applicant provides a self-authored letter stating that he suffered a wound to his left calf on 6 June 1944, D-Day.  He provides a letter addressed to the President from an unknown individual who also contends he (the applicant) was wounded on D-Day when Omaha Beach was stormed.

10.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.  A review of these files fails to show that the applicant was ever wounded as a result of hostile action by enemy forces.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  According to the applicable regulation 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.

3.  There is no evidence in the available records and the letter by the unknown individual provided by the applicant is insufficient evidence to support his contention that he was wounded as a result of hostile action by enemy forces while he was in the Army.  All of the separation documents he received show that he had no wounds and there is not one entry made in his official records showing he was wounded as a result of hostile action.

4.  Regrettably, in view of the foregoing the applicant's 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)                                         AR20140002054



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ABCMR Record of Proceedings (cont)                                         AR20140002054



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