BOARD DATE:  13 January 2015

		DOCKET NUMBER:  AR20140009279 


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 correction of his records to show award of the Purple Heart for injuries he received during combat in Italy during World War II (WWII). 

2.  The applicant states he was on patrol when he and another Soldier were hit by a decapitating wire.  The wire hit his mouth and he was knocked down into the vehicle's turret.  His injury was not severe so they continued on their mission, but his mouth was bleeding badly.  The medic gave him cotton to stop the bleeding.  Over the years the scar tissue inside his mouth has not been a problem; however, his dentist noticed the scar tissue had started to grow.  A cancer check was performed, but it was negative.  He doesn't know if the injury was due to enemy action or not, but it should qualify as service-connected and should be identified as having been received during combat.

3.  The applicant provides copies of:

* his application to register for the draft or enlist
* his Honorable Discharge Certificate, dated 11 November 1945
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) 
* his Separation Qualification Record
* his DD Form 214 (Report of Separation from the Armed Forces of the United States) showing U.S. Navy service ending 23 October 1952
* a letter from a former Soldier, dated 29 December 1994
* a letter from former Soldier, dated 27 November 2007
* an undated letter from a former Soldier
* a telephone contact record initiated by the St. Cloud Veterans Administration Medical Center (VAMC), dated October 6, 1998
* a General Surgery Consult initiated by the St. Cloud VAMC, dated October 9, 1998

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.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  The applicant's military records are remarkably complete.  

3.  The applicant's WD AGO Form 53-55 shows:

	a.  he enlisted in the Regular Army on 15 October 1942 and entered active duty the same day;

	b.  he served as an Armored Car Driver;

	c.  he participated in the Rome-Arno, North Apennines and PO Valley campaigns;

	d.  he was awarded the Army Good Conduct Medal, European African Middle East Campaign Medal, two Overseas Service Bars, and he was issued the Army Lapel Button; and

	e.  in item 34 (Wounds Received in Action), the entry – None

4 .  A 10 November 1945 physical examination conducted prior to his separation does not list any wounds.

5.  His Separation Qualification Record shows he was separated on                  11 November 1945.

6.  The applicant provides letters from three former Soldiers:

	a.  Mr Paul V. P-------- states the applicant was injured while riding in a jeep in Italy.  The Germans had a habit of stringing a cable from tree to tree across the road at just the right height to decapitate the jeep driver.  One of these cables hit the applicant in the mouth.  He believes the applicant should be awarded the Purple Heart since the injury was caused by enemy action.

	b.  Mr Robert O----, states that in the spring of 1945 their platoon was on a mission advancing into the PO Valley.  Their armored car was third in line.  Evidently a low communication wire was cleared by the first two cars but the wire caught him in his helmet and caught the applicant in his face causing much pain but not serious enough to require medical attention.  The wire was evidently hung by the enemy.  The applicant has informed him of recurring problems and swelling in his mouth that could have been caused by this injury.

	c.  Mr William H---- states he served with the applicant during WWII in the 91st Cavalry Reconnaissance Division.  He was the driver and the applicant was the gunner in their armored car.  During heavy fighting they suffered hearing loss that has become progressively worse throughout the years.  They were not provided any type of hearing protection.

7.  He also provides:

	a.  A Department of Veteran Affairs (VA) telephone contact record showing the applicant called on 6 October 1998 complaining that he has a service-connected injury to his upper lip and some scar tissue that was becoming inflamed and swollen.  An appointment was made for his that day.  On 8 October 1998, he called back and stated the doctor gave him some antibiotics but his lip was getting worse.  An appointment was scheduled for him at a specialty clinic for 9 October 1998.

	b.  A General Surgery Consult, dated 9 October 1998 from the St. Cloud VAMC.  The applicant was seen at that clinic complaining of a mucosal abscess of the right upper lip he believes was caused by a decapitation wire injury he had in Italy in WWII.  The abscess was incised and drained and the applicant was discharged with medication. 

8.  Army Regulation 600-8-22 (Military Awards) provides that 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 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 requests his records be corrected to show award of the Purple Heart.  He states he was injured by a decapitation wire in WWII and believes he is entitled to the Purple Heart.

2.  Regrettably, his available military records do not show any evidence that he was wounded, that those wounds were the result of hostile action and required treatment by medical personnel, or that any resulting medical treatment was made a matter of official record.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _________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)                                         AR20110012948



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ABCMR Record of Proceedings (cont)                                         AR20140009279



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