IN THE CASE OF:	  

		BOARD DATE:	  25 June 2015

		DOCKET NUMBER:  AR20140017092 


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 two Purple Hearts.

2.  The applicant states:

	a.  medical staff failed to provide proper medical records and the Army failed to protect the records of injuries sustained.

	b.  he recently attempted to be awarded the Purple Heart after seeing a friend with one at the American Legion.

	c.  he sustained his injuries when we served as a bazooka man with the 318th Infantry Regiment, 80th Infantry Division.

	d.  the Army should have a record of the first catastrophic accident in Germany as his convey was strafed by a plane as they were crossing a mountain at night, which resulted in numerous casualties.

	e.  he was wounded and taken to a field hospital, but does not recall providing any pertinent information. 

	f.  when his second injury occurred he was treated in a hospital by an American doctor under his previous name.

	g.  his witness saw the accident.

	h.  his records were destroyed in the St. Louis warehouse fire.

3.  The applicant provides:

* his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable  Discharge)
* two self-authored statements
* a letter
* a witness statement

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 complete 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 that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's available record shows he was inducted into the Army of the United States on 11 September 1944.

4.  On 30 July 1946, he was honorably discharged from the Army.  His WD AGO Form 53-55 reveals:

* item 33 (Decorations and Campaigns) does not show award of the   Purple Heart
* item 34 (Wounds Received in Action) the entry "None"
* item 36 (Service Outside Continental United States and Return):
* he arrived in the European Theater of Operations on 13 February 1945 and departed on 14 July 1946

5.  He submitted a:  

	a.  statement from an individual who indicates he was in the applicant's unit.  This individual states that while moving from one section to another a German plane strafed the convoy and one truck went off the road.  As a result, he noticed several casualties from that truck.  

	b.  letter from the U.S. Army Human Resources Command (HRC) dated 4 September 2014, to his Senate Representative, explaining that they were unable to approve the applicant's request for award of the Purple Heart with one bronze oak leaf cluster due to the absence of supporting evidence.  HRC recommended that the applicant apply to the ABCMR.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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's contention that his record should be corrected to show award of two Purple Hearts was carefully considered.

2.  The sincerity of his contention is not in question; however, there is no evidence in the available record, and the applicant has not provided sufficient evidence, which shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action. Regrettably, there is an insufficient evidentiary basis for awarding him two Purple Hearts or amending his WD AGO Form 53-55 to show he sustained wounds as the result of hostile action.



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 that 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)                                         AR20140017092





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ABCMR Record of Proceedings (cont)                                         AR20140017092



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