BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140005999
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 and, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show this award.
2. The applicant states:
* he was discharged without a Purple Heart
* they claimed he didn't deserve it
* he had gotten shell shocked on the beach of Germany
* he was admitted to a hospital after he passed out for 3 days
* no one checked his hospital stay in France or Belgium
* the medics had to admit him to a hospital because of his head injury
3. The applicant provides no additional evidence.
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 complete 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 the applicant's 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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 8 March 1943 and he entered active duty on 15 March 1943. He served in the European theater of operations from 18 May 1944 to 1 April 1945. He was honorably discharged with a certificate of disability on 23 July 1945.
4. His WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "None."
5. There are no orders for the Purple Heart in his available records.
6. There is no evidence in the available records showing the applicant was wounded as a result of hostile action during World War II.
7. The Office of the Surgeon General Hospital Admission Cards show he was hospitalized on 28 February 1945 in the European theater of operations for psychoneurosis, including anxiety and hypochondriasis.
8. 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. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify:
* the wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
2. Although the applicant contends he was admitted to the hospital for a head injury, medical evidence shows he was admitted for psychoneurosis, including anxiety and hypochondriasis.
3. There is no evidence in the available records and the applicant provided no evidence showing he was wounded as a result of hostile action during World War II. Regrettably, there is insufficient evidence on which to base 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 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 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) AR20140005999
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ABCMR Record of Proceedings (cont) AR20140005999
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