IN THE CASE OF:	  

		BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140003903 


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 correction of his WD AGO Form 53- 55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Purple Heart.

2.  The applicant states he is currently service-connected for residuals of a shrapnel injury, left thigh that was incurred in the Normandy invasion.  His participation in the Normandy invasion is also documented on his WD AGO 
Form 53-55.  

3.  The applicant provides his WD AGO Form 53-55 and his Department of Veterans Affairs (VA) rating decision. 

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 5 June 1943 and he entered active duty on 19 June 1943.  At the time of separation, he held military occupational specialty 345 (Light Truck Driver) and was assigned to Battery C, 111th Field Artillery Battalion. 

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 14 December 1943 and he arrived in the European-African-Middle Eastern Theater of Operations (EAMETO) on 20 December 1943.  He departed the EAMETO on 22 June 1945 and arrived back in CONUS on 29 June 1945.

5.  He completed 10 months of continental service and 1 year, 6 months, and 16 days of foreign service.  

6.  He was honorably discharged on 4 November 1945.

	a.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. 

	b.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows during his service in World War II he participated in the Normandy, Rhineland, Northern France, and Central Europe campaigns.

	c.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the Good Conduct Medal and the European-African-Middle Eastern Campaign Medal with four bronze service stars and one bronze arrowhead. 

	d.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

7.  His reconstructed records do not contain any service medical record. 

8.  He provides a copy of his VA rating decision, dated 29 July 2003, which shows the VA awarded him service-connected disability for residuals of shrapnel injury, left thigh as related to military service. 

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  

10.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  He contends he sustained a combat injury that occurred over 70 years ago but he does not provide the necessary documentary evidence to support his contention.  The VA rating decision he provides does not satisfy the requirements for the Purple Heart.  First, the cause or the source of the shrapnel injury mentioned in the VA rating is unknown.  Second, it is unknown if treatment at the time was required and third, there is no record of any treatment having been made a matter of official record. 

3.  Notwithstanding his sincerity, there is insufficient evidence in his available record that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent conclusive evidence that proves he meets the stated Purple Heart award criteria, there is an insufficient evidentiary basis for awarding him the Purple Heart at this time.

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 Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him 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)                                         AR20140003903





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003903



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1