IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140013031
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 he be awarded the Purple Heart.
2. The applicant states that he was offered a Purple Heart while on active duty and declined it; however, now he regrets that decision.
3. The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), separation physical examination, letter from his brother, and Department of Veterans Affairs (VA) records.
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 provided by the applicant with his application are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 1 July 1942 and entered active duty at Jefferson Barracks, Missouri on 15 July 1942. He completed his training and departed for the European Theater of Operations (ETO) on 11 August 1944.
4. He served in the Northern France, Ardennes, Rhineland, and Central Europe campaigns and departed the ETO on 1 October 1945. He was transferred to Jefferson Barracks and was honorably discharged on 18 October 1945. His
WD AGO Form 53-55 issued at the time of his discharge shows he was awarded the Combat Infantryman Badge, European-African-Middle Eastern Theater Ribbon with four bronze service stars and the Good Conduct Medal. Item 34 (Wounds Received in Action) contains the entry NONE.
5. A review of the documents provided by the applicant show he served as a half-track driver in Company C, 46th Armored Infantry Battalion. At the time of his discharge his separation physical indicates that he had a back injury in Germany in December 1944 when he was hit by a rock.
6. A review of the VA records provided by the applicant with his application shows that he was awarded a 20% service-connected disability rating by the VA on 23 January 1946 for spondylolisthesis, 3rd degree between 5th lumbar and 1st sacral vertebrae with definite separation of the 5th lumbar vertebrae aggravated by injury. There is no evidence that shows the applicant was awarded the Purple Heart or evidence that shows his injury was caused as a result of enemy action.
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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was injured in combat in Germany is not in doubt, he has failed to provide sufficient evidence to show that his injury was the result of enemy action, that it required treatment by medical personnel, and that the treatment was made a matter of official record.
2. While it is understood that it is difficult at best to provide such evidence 70 years after the fact, the fact that his records were destroyed in the 1973 fire at St. Louis makes it even more difficult.
3. However, the regulatory requirements for award of the Purple Heart are very specific and are applied to every Soldier who is awarded the Purple Heart.
4. Therefore, in the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time.
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.
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