IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140017192 


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, in effect, award of the Purple Heart. 

2.  The applicant's hand-writing is not very clear.  He states, in effect, he was involved in a mortar barrage incident during World War II, on 16 October 1944.  There were a total of 48 men on the hill.  Only two men, Corporal Connelly and someone called Kelly were wounded and carried off the field on stretchers.

3.  The applicant provides his WD AGO Form 53-55 (Report of Separation and Record of Service), Honorable Discharge Certificate, and a letter of commendation. 

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 17 May 1943 and he entered active duty in Detroit, MI, on 23 May 1943.  At the time of separation, he held military occupational specialty 114 (Machinist) and was assigned to Headquarters and Service Company, 164th Engineer Battalion (Combat).

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 19 January 1944 and he arrived in the European Theater of Operations (ETO) on 31 January 1944.  He departed the ETO on 10 October 1945 and arrived back in CONUS on 19 October 1945.

5.  He completed 8 months and 5 days of continental service and 1 year, 9 months, and 1 day of foreign service.  He was honorably discharged on 29 October 1945.  His WD AGO Form 53-55 shows in:

	a.  Item 31 (Military Qualifications and Date) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. 

	b.  Item 32 (Battles and Campaigns) shows during his service in World War II he participated in the Normandy, Rhineland, Northern France, Ardennes, and Central Europe campaigns.

	c.  Item 33 (Decorations and Citations) and item 55 (Remarks) show the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, and three overseas service bars. 

	d.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

6.  His reconstructed records do not contain any service medical record. 

7.  He provides a letter of commendation, dated 12 November 1944, endorsed by various levels of commanders, commending Company C, 297th Engineer Battalion, attached to the 4th Cavalry Group, for its Soldiers' outstanding performance of duties from 19 September to 10 November 1944. 

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound 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.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the applicant's handwriting is hard to read.  It appears he is requesting award of the Purple Heart as a result of a mortar barrage in Germany during World War II.

2.  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.

3.  Notwithstanding his sincerity, there is insufficient evidence in his available record that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent conclusive evidence that proves he meets the stated Purple Heart award criteria, there is an insufficient evidentiary basis for awarding 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:

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)                                         AR20140017192





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ABCMR Record of Proceedings (cont)                                         AR20140017192



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