BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140007952 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show in block 6 that his organization was the 294th Combat Engineer Battalion and in item 33 that he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart in 1966 and it was not added to his WD AGO Form 53-55.  He also states that he served with the 294th Combat Engineer Battalion but was assigned to the 332nd Engineer Regiment simply for transfer to the United States and discharge.

3.  The applicant provides copies of his WD AGO Form 53-55, letters from himself and his son-in-law, his Honorable Discharge Certificate, and his Purple Heart Certificate.

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 contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted on 26 February 1943 and entered active duty on 
5 March 1943.  He completed his training as a combat engineer and departed for the European Theater of Operation (ETO) on 19 January 1944.  He participated in the Normandy, Northern France, and Rhineland campaigns.

4.  He departed the ETO on 25 December 1945 and was transferred to Fort Monmouth, New Jersey where he was honorably discharged on 10 January 1946.  His WD AGO Form 53-55 issued at the time of his discharge shows his organization as Company A, 332nd Engineer Regiment and his awards of the European-African-Middle Eastern Theater Ribbon, Good Conduct Ribbon, and WWII Victory Medal.  It also shows in block 34 (Wounds Received in Action) the entry “NONE.” 

5.  The Purple Heart Certificate submitted by the applicant with his application is of poor quality and appears to have been issued on 29 September 1966 for wounds received in Germany on 30 November 1944; however, the applicant’s records do not contain and he has not provided orders awarding him the Purple Heart.

6.  A review of the available records has failed to show any evidence showing that the applicant served with the 294th Combat Engineer Battalion or that he was awarded the Purple Heart.

7.  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.  As with all personal decorations, announcement in orders is required.




DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he served with the 294th Combat Engineer Battalion and that he was awarded the Purple Heart is not in doubt, in order to add the award of the Purple Heart to his records, orders are required and no such orders have been located.  Therefore, in the absence of such orders there appears to be no basis to add the award of the Purple Heart to his records.

2.  The applicant has also failed to provide sufficient evidence to show his organization was the 294th Combat Engineer Battalion at the time of his discharge.

3.  Therefore, in the absence of such evidence, it must be presumed that the organization reflected on his discharge is correct. 

4.  Accordingly, there appears to be insufficient evidence to establish that an error or injustice exists in his case and absent such evidence there appears to be 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)                                         AR20140007952





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ABCMR Record of Proceedings (cont)                                         AR20140007952



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