IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140005772
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 that he be awarded the Purple Heart for injuries received during World War II.
2. The applicant states he is requesting award of the Purple Heart based on the change to Army policy allowing the award of the Purple Heart for concussions.
3. The applicant provides a copy of his WD AGO Form 53-55 (Report of Separation Honorable Discharge) and an article from the Disabled Veterans Magazine.
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 the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted on 13 March 1943 and entered active duty on 23 June 1943. He completed his training as a heavy machine gunner and departed for England on 2 May 1944. He arrived in England on 16 May 1944 and subsequently was transferred to the European Theater of Operations (ETO).
4. He participated in the Rhineland, Ardennes, and Central Europe campaigns and departed the ETO on 29 December 1945. He arrived in the United States on 11 January 1946 and was honorably discharged on 14 January 1946. His WD AGO Form 53-55 shows that he was awarded the Good Conduct Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, Combat Infantryman Badge, and World War II Victory Medal.
5. Item 34 of his WD AGO Form 53-55 (Wounds Received in Action) shows the entry NONE.
6. 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.
7. Military Personnel (MILPER) Message Number 11-125, issued by the U.S. Army Human Resources Command, dated 29 April 2011, stated the Secretary of the Army had approved Army Directive 2011-07 (Awarding the Purple Heart). The directive provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for concussions (including mild traumatic brain and concussive injuries that do not result in a loss of consciousness). The U.S. Army Human Resources Command has verified that award of the Purple Heart for a traumatic brain injury (TBI) injury is retroactive only to 11 September 2001.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he should be awarded the Purple Heart for concussions received during World War II is not in doubt, regrettably, the applicant has failed to provide sufficient evidence to show that he was in fact injured and that treatment was made a matter of record.
2. Additionally, the change to the regulatory policy regarding award of the Purple Heart for TBIs applied only to those injured on or after 11 September 2001 and does not apply to the applicants service.
3. Therefore, in the absence of evidence to show that he was wounded/injured as a result of enemy action and that treatment was made a matter of record, there is no basis to grant his request.
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 the applicant in service to the United States during World War II. 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) AR20140005772
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ABCMR Record of Proceedings (cont) AR20140005772
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