IN THE CASE OF:  

		BOARD DATE:  18 December 2014	  

		DOCKET NUMBER:  AR20140009034 


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, in effect, his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show the award of the Purple Heart.

2.  The applicant states he was wounded while engaged in combat at Fonduk el Okbi, North Africa in April 1943.

3.  The applicant provides:

* three letters of support
* a picture of what is identified as a piece of shrapnel
* a letter from the Office of the Adjutant General
* a WD AGO Form 53-55
* an Honorable Discharge 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 complete 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 the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows:

	a.  On 3 September 1940, he enlisted in the Army National Guard and entered active duty, on 10 February 1941.  He initially served in the American Theater; then he served in the European Theater from 12 May 1942 to 12 July 1944.

	b.  Item 31 (Military Qualifications and Date (i.e., infantry, aviation, and marksmanship badges, etc)) shows the Carbine Sharpshooter.

	c.  Item 32 (Battles and Campaigns) shows he participated in the Tunisia and Naples-Foggia campaigns.

	d.  Item 34 (Wounds Received in Battle) shows “None.”

	e.  At the time of separation, he held the rank of corporal.

	f.  He was separated on 3 September 1945.

	g.  Item 33 (Decorations and Citations) shows:

* American Defense Service Ribbon
* Good Conduct Medal

4.  The available evidence is void of information regarding any wounds sustained and/or treatment by medical personnel while in combat.

5.  The applicant provides a letter of support written to the applicant's Senator by a friend.  In the letter he essentially states: 

* the applicant should be awarded the Purple Heart, and every effort should be made to ensure he receives it
* he has known the applicant for many years and states he has the character and integrity of a saint, devoting much of his life and time to serving his community and veterans
* the applicant was serving as a forward observer with the 135th Infantry Regiment at the time he received his wound

6.  The applicant also provides a letter of support from his step-daughter wherein she states her step-father is a very important and beloved member of the family.  Once when the applicant was a patient at a local hospital, as he slept, her mother showed her the scar for the wound her mother said he sustained in World War II.  She believes he deserves the Purple Heart.

7.  Among the documents provided by the applicant is a letter, dated 14 September 1951, from the Office of the Adjutant General.  In the letter, a colonel in the Office of Adjutant General Corps states the award of the Purple Heart was not favorably considered for the applicant.  Because there were no official records to indicate he was ever wounded in a circumstance that would qualify him for award of the Purple Heart.

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

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.  The available evidence does not show the applicant was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and the treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant.





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 his 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)                                         AR20140009034



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ABCMR Record of Proceedings (cont)                                         AR20140009034



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