IN THE CASE OF:	  

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140005260 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) does not reflect he received artillery shrapnel wounds in 1945.

	b.  The German Army temporarily broke through their lines and they were being shelled by German artillery.  All of a sudden, shrapnel was whizzing everywhere.

	c.  In a short time, all the pine trees in that location were bare and resembled telephone poles.  He and his buddy ran as fast as they could to a bombed-out house a short distance away ending up in the cellar surrounded by potatoes for protection.

	d.  They did not have much time to get to some cover.  It was during this run that he was hit with shrapnel in the right knee.  He did not notice until 2 days later.

	e.  At that time, his knee started to hurt.  After rolling up his pant leg, he found that there was an inflamed wound about 3 inches round and colored with all the colors of the rainbow.

	f.  His buddy suggested that a medic should look at the wound.   However, they never saw a medic during their actions in Germany.

	g.  His buddy stated that the wound was really bad.  They did carry a pouch on their web belts with bandages, white healing powder, and white pills.  White powder and a bandage were placed on his wound.  He took 6 of the white pills.

	h.  He changed the bandages every other day.  After several changes, his buddy pressed around his swollen knee and the piece of shrapnel popped out. After that, and further caring for the wound, it finally started to get better.

	i.  All through that time, he received no other medical assistance.  There was no one to report the incident to.  All of their officers were at the headquarters in Holland.  He received the wound only a few weeks before the Germans surrendered.  After that, he still did not see his officers in order to report the wound.  They were too busy with other post-war duties.  Therefore, there was no record of his injury.  Also, after 69 years, he does not have evidence of scarring on his right knee.

3.  The applicant provides a WD AGO Form 53-55 and a WD AGO Form 100 (Separation Qualification 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 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 his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by him.  

3.  His WD AGO Form 53-55 indicates:

	a.  he was inducted and he entered active service on 23 March 1944;

	b.  his military occupational specialty was truck driver-light;

	c.  he was assigned to Company B, 89th Chemical Mortar Battalion and he served in the European Theater of Operations from 14 December 1944 to 
24 June 1945;

	d.  he performed sea duty from 17 November 1945 to 1 March 1946;

	e.  he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Carbine Bar;

	f.  he participated in the Rhineland and Central Europe campaigns and he was awarded the Army Good Conduct Medal, American Theater Ribbon, European-African-Middle Eastern Theater Ribbon, and the World War II Victory Ribbon;

	g.  in item 34 (Wounds Received in Action) is annotated "None"; and

	h.  he was honorably discharged on 3 March 1946.

4.  His WD AGO Form 100 does not show he was wounded as a result of hostile action.

5.  There is no evidence in the available records that 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.

6.  Army Regulation 600-8-22 (Military Awards) states 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 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 request for award of the Purple Heart has been carefully considered.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence that 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.

3.  While his contentions are not in doubt, in the absence of evidence showing he was wounded as a result of hostile action, that he received medical treatment for such injuries, and that this treatment was made a matter of official record, there is insufficient evidence available to support award of the Purple Heart in this case.

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 that 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)                                         AR20140005260



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ABCMR Record of Proceedings (cont)                                         AR20140005260



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