IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015491
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 for injuries incurred during World War II (WWII).
2. The applicant states that he was offered the medal while in the hospital but he did not want his mother to be notified because she had just gotten over a notification that he was missing in action.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
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 applicants 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 contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 12 August 1943 and entered active duty on 2 September 1943. He completed his training and departed for North Africa on 27 February 1944. He participated in the Rome-Arno, Northern Appenines, Po Valley, and Southern France campaigns while assigned to Company C, 142nd Infantry Regiment.
4. On 2 September 1944, the applicant fell from an anti-tank gun near Lyons, France and suffered a contusion of the lower back and left shoulder. He was subsequently treated at the 23rd General Hospital. None of the available medical records indicate that his injury was the result of enemy action.
5. He departed the European Theater of Operations on 12 August 1945 and arrived in the continental United States on 27 August 1945. He was transferred to Fort Meade, Maryland where he was honorably discharged in the rank of private first class on 12 November 1945. His WD AGO Form 53-55 issued at the time of his discharge shows that he was awarded the Good Conduct Medal, European-African-Middle Eastern Service Ribbon, American Theater Service Ribbon, WWII Victory Medal and the Combat Infantryman Badge. In Item 34 (Wounds Received in Action) is the entry "None."
6. 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. The applicants contention that he should be awarded the Purple Heart has been noted and appears to lack merit.
2. While the evidence of the available records shows that he was injured when he fell off an anti-tank gun, none of the available documents indicate that his injury was the result of enemy action.
3. Therefore, lacking evidence to show his injury was the result of enemy action, there appears to be no basis for granting his request.
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 WWII. 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) AR20140015491
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