IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140013624


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, in effect:

	a.  He has contacted Senators and Congressional Representatives over the past 6 years to assist in awarding him the Purple Heart he believes he is entitled to receive.

	b.  He was wounded on 15 January 1944 during an assault against the enemy in the area of Grande Halleux, Belgium.  His battle buddy, Private W.T., noticed the wound to his head and took him to the medical aid station.  He refused to tell the nurse his name for fear they would send a telegram notifying his family that he was wounded in action.  They cleaned and patched his wound and returned him to action.   

	c.  What bothers him the most is the Army's disbelief in his buddies' eyewitness accounts of his wounding.  

3.  The applicant provides:

* a self-authored statement
* three eyewitness statements
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) 
* his Honorable Discharge Certificate
* an extract of his WD AGO Form 100 (Army Separation Qualification Record)
* a personal letter to the President of the United States, undated
* letters from the National Personnel Records Center (NPRC), dated
18 March and 27 October 2008, to his Members of Congress
* a letter from NPRC, dated 14 August 2008
* a letter from a Member of Congress 
* a personal letter, undated with an unknown recipient
* a letter from the Acting Chief, Military Awards Branch, U.S. Army Human Resources Command (HRC), dated 22 July 2009, to the applicant's Member of Congress

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 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 the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of evidence provided by the applicant and the applicant's WD AGO Form 53-55.

3.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he was inducted into the Army of the United States on 25 February 1944.  He served in the European Theater of Operations from 2 November 1944 to 6 March 1946 and he was honorably discharged on 13 March 1946.  This form shows the following pertinent information:

* item 6 (Organization) – Headquarters Company, 3rd Battalion, 291st Infantry Regiment 
* item 30 (Military Occupational Specialty) – Demolition Specialist  533
* item 31 (Military Qualification and Date) – Expert Infantryman Badge,     23 September 1944 and Combat Infantryman Badge, 18 January 1945 
* item 32 (Battles and Campaigns) – Ardennes, Rhineland, and Central Europe
* item 33 (Decorations and Citations) –

* European-African-Middle Eastern Service Medal
* Bronze Star Medal
* Army Good Conduct Medal
* World War II (WWII) Victory Medal

* item 34 (Wounds Received in Action) – "None"

4.  His records also contain a DD Form 215 (Correction to the WD AGO Form 
53-55), dated 25 June 2008, which lists the following:

* item 32 (Battles and Campaigns) delete "Ardennes" and add "Ardennes-Alsace"
* item 33 (Decorations and Citations) delete the European-African-Middle Eastern Service Medal and Bronze Star Medal and add the Bronze Star Medal with "V" Device with One Oak Leaf Cluster, European-African-Middle Eastern Campaign Medal with Three Bronze Service Stars, and Army of Occupation Medal with Germany Clasp

5.  There is no evidence in the available records that show he sustained wounds or was treated for wounds incurred as a result of hostile action.

6.  He provides multiple letters as evidence requesting assistance in being awarded the Purple Heart.  However, none of these letters show he was wounded as a result of enemy engagement in combat. 

7.  The applicant also provided three eyewitness statements.  The authors state they served with the applicant and can attest to the fact that he was wounded by shrapnel on 15 January 1945 in the area of Grand Halleux, Belgium.  The applicant was taken to the aid station by Private W.T. and they both returned a few hours later. 

8.  Army Regulation 600-45 (Decorations) governed award of the Purple Heart during WWII.  The Purple Heart, as established by General George Washington at Newburgh on 7 August 1782, during the Revolutionary War, was awarded to members of the armed forces of the United States and to civilian citizens of the United States who, while serving with the Army, were wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the award of the Purple Heart due to a wound he received during hostile action was carefully reviewed.    Notwithstanding his contention and sincerity, there are no medical records available that show he was wounded or treated for wounds as a result of hostile action during his WWII service.  His third-party eyewitness statements are noted; however, in the absence of medical records supporting his contention, there is insufficient evidence to award him the Purple Heart.

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 during WWII.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20130014839



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ABCMR Record of Proceedings (cont)                                         AR20140013624



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