BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140011992 


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.

2.  The applicant states he was injured when a bomb dropped on his unit; it knocked him out and he lost part of his hearing.  He applied for the Purple Heart many times, but he was told he had to have an open wound in order to qualify for the award.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* congressional correspondence
* a self-authored statement
* memoirs of a former commander
* a letter from his former commander
* photographs of a plane

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 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 his 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.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 24 July 1942 and he entered active duty in Cleveland, OH on 7 August 1942.  At the time of his separation, he held a radio mechanic military occupational specialty and he was assigned to the Battery C, 920th Field Artillery Battalion.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 9 August 1944 and he arrived in the European Theater of Operations (ETO) on 17 August 1944.  He departed the ETO on an unknown date and arrived back in CONUS on 29 June 1945.

5.  He was honorably discharged with a Certificate of Disability on 26 October 1945, after completing 2 years, 4 months, and 13 days of continental service and 10 months and 21 days of foreign service.  His WD AGO Form 53-55 shows in: 

* Item 31 (Military Qualifications and Date), he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar
* Item 32 (Battles and Campaigns), he participated in the Northern France, Rhineland, and Ardennes campaigns
* Item 33 (Decorations and Citations), he was awarded the Good Conduct Medal and European-African-Middle Eastern (EAME) Campaign Medal with three bronze service stars
* Item 34 (Wounds Received in Action), the entry "None"

6.  His reconstructed records do not contain any medical documentation. 

7.  On 24 February 2006, in response to his petition for award of the Purple Heart, the Chief, Military Awards Branch, U.S. Army Human Resources Command (HRC), advised him that a review of the Surgeon General's hospital admission records indicated that he was treated for anxiety, astigmatism, and an ear disease.  There was no evidence that he was treated for wounds received as a result of enemy action, or that such treatment was made a matter of official record.  However, HRC determined he was entitled to additional awards which were not reflected on his WD AGO Form 53-55.  

8.  On 24 February 2006, he was issued a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty), which amended item 33 of his WD AGO Form 53-55 by adding the World War II Victory Medal.

9.  On 21 March 2012, he was issued a second DD Form 215 that further amended item 33 of his WD AGO Form 53-55 by:

* deleting the EAME Theater Service Ribbon with 3 bronze battle stars
* adding the American Campaign Medal, EAME Campaign Medal with four bronze service stars, World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp

10.  He provides photographs of planes as well as the following documents: 

	a.  A self-authored statement, wherein he states he was right there when the bomb dropped on them.  He was knocked out when it hit them and he lost most of his hearing.  He had left his jeep on the main highway and he took his radio with him and walked for almost 10 minutes.  He had seen a sign that read "minefield"' in German and refused to cross that area due to the danger.  They fired at some Germans.  He then went through some barbed wire and tore his pants which led to bleeding on the right leg.  The continued up a hill and told some infantry Soldiers to follow them.  He could hear the screaming of injured Soldiers.  He has been waking up with a sweat for the past 60 years.  His battery lost some howitzer weapon systems as well as several men.  One time, the lieutenant asked him to send some men out but he said No because he knew they would be killed.  In fact, their truck was blown up before they even reached the battery.  Five men were killed.  When he ultimately got home, the Department of Veterans Affairs gave him hearing aids.  Additionally, since discharge, he has had dizziness and he continues to take pills because of the bombs. 

	c.  A letter addressed to the applicant with an article from the former commander of Battery C in the form of a recollection of what occurred on 13 February 1945.    

	c.  An article or memoirs of an individual identified as the former Battery C commander.  He states that on 13 February 1945 there were about 85 battalions of artillery amassed for the jump-off to retake territory lost during the Battle of the Bulge.  Battery C of the 39th Field Artillery Regiment was in the open with camouflage nets.  They received intermittent artillery fire but the greatest spectacle was the V2 buzz bombs travelling over their position and heading for England.  On the night of 13 February, they heard a strange noise and they later determined it was a crippled bomber trying to make it back to base.  Few seconds later, there was a tremendous explosion in the direction of Battery C.  Their communication was cut off and they were totally in the dark.  The next morning, they found out that the explosion was that of the passing bomber that fell between the 3rd and 4th gun positions.  The concussion killed 4 men and wounded 18 others.  Twelve of those men had to be evacuated and most suffered from ruptured eye-balls and eardrum.  The explosion left a crater large enough to bury a 2.5 ton truck. 

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained 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, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

12.  Army Regulation 600-8-22 provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

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 applicant contends he sustained a combat injury that occurred nearly    70 years ago, but he does not provide the necessary documentary evidence to support his contention.  There are no corroborating documents such as morning reports, operation orders, evacuation rosters, medical records, or other evidence to support his contention that he was wounded in action.  Notwithstanding his sincerity, there is no evidence in his available record that shows he was wounded or injured as a result of hostile action or treated for such wounds.
3.  Additionally, the Purple Heart may also be awarded to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.  The applicant clearly describes an aircraft accident.  There is insufficient evidence to show the applicant was injured while the crashed aircraft was in the heat of battle. 

4.  Regrettably, absent evidence that 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 that this treatment was made a matter of official record, there is an insufficient evidentiary basis for awarding the applicant 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 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 him in 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)                                         AR20140011992





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ABCMR Record of Proceedings (cont)                                         AR20140011992



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