IN THE CASE OF:    

		BOARD DATE:  9 June 2015	  

		DOCKET NUMBER:  AR20140017596 


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 correction of his records to show he was wounded in action and awarded the Purple Heart.

2.  The applicant states that he was assigned to the 180th Infantry Regiment during the Battle of the Bulge and served in the Rhineland and Central European campaigns during World War II from 23 January 1945 to 8 September 1945.

   a.  He was sent out by his unit to verify enemy movements.  He observed a company of German soldiers with artillery being moved on carts pulled by horses.  The enemy detected him and launched mortars in his direction.  He was struck in his legs by shrapnel and used his undershirt as a dressing for his wounds.  He acknowledges there were no eyewitnesses to the incident or a casualty report.  He walked approximately one and a half miles and was treated by the company medic (Private First Class E____ E. R____) at a medic tent that was set up on a dirt road.

   b.  He states that he was awarded the Combat Infantryman Badge, Bronze Star Medal, Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal, Army of Occupation Medal, and World War II Victory Medal.  He also served during the Korean War.  He adds the Department of Veterans Affairs (VA) has granted him service-connected disability compensation for his battle injuries.

3.  The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), Combat Infantryman Badge criteria, and VA disability claim documents.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed the applicant's 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 and entered active service on 4 September 1944, and he was honorably discharged on
29 June 1946.  He completed 1 year, 2 months, and 4 days of continental service; 7 months and 22 days of foreign service; and he was credited with 1 year, 9 months, and 26 days of total service.  It also shows in:

* item 3 (Grade):  Private First Class (PFC)
* item 4 (Arm or Service):  Infantry (INF)
* item 6 (Organization):  180th Infantry Regiment
* item 31 (Military Qualification and Date):  Combat Infantryman Badge, 
1 April 1945
* item 32 (Battles and Campaigns):

* Rhineland
* Central Europe



* item 33 (Decorations and Citations):

* European-African-Middle Eastern (EAME) Campaign Medal
* Army of Occupation Medal
* World War II Victory Medal
* Army Good Conduct Medal
* American Campaign Medal

* item 34 (Wounds Received in Action):  "None"
* item 36 (Service Outside Continental U.S. (CONUS) and Return):

* CONUS – departed 23 January 1945
* EAME Theater of Operations –

* arrived 2 February 1945
* departed 8 September 1945

* CONUS – arrived 14 September 1945

* item 38 (Highest Grade Held):  PFC
* item 56 (Signature of Person Being Separated):  the applicant's signature`

4.  A DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the applicant enlisted in the Reserve Component and entered active duty on 11 September 1950, and he was honorably discharged on 24 July 1951.  He had completed 10 months and 14 days of net service this period.  It also shows in:

* item 26 (Foreign and/or Sea Service):  0 years, 0 months, 0 days
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  None
* item 28 (Most Significant Duty Assignment):  418th Engineer Dump Truck Company, Santa Fe, New Mexico
* item 29 (Wounds Received as a Result of Action with Enemy Forces): "None"

5.  There are no orders or other evidence in the applicant's available military service records that shows he was awarded the Purple Heart.

6.  A review of the Hospital Admission Cards database, Office of The Surgeon General, Department of the Army (1942-1945 and 1950-1954) for the Year 1945 failed to reveal the applicant's name as a casualty.
7.  In support of his application the applicant provides the following documents.

   a.  Combat Infantryman Badge award criteria that shows, in pertinent part, in 1947 a policy was implemented that authorized the retroactive award of the Bronze Star Medal to Soldiers who had received the Combat Infantryman Badge during World War II.
   
   b.  VA disability claim documents that show, effective 15 September 2011, he was granted service connection for well healed scar, left lower extremity, rated at 20 percent; well healed scar, right lower extremity, rated at 20 percent; and post-traumatic stress disorder, rated at 30 percent.  The VA decision noted that there were no service treatment records available for review; the applicant was awarded the Combat Infantryman Badge, which allows that his injuries are consistent with the places, types, and circumstances of war; and the applicant informed the examiner that he received the scars on his legs from a mortar attack during World War II.
   
8.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

9.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  It shows, in pertinent part, the Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he was wounded in action and awarded the Purple Heart was carefully considered.

2.  The sincerity of the applicant's comments is not in dispute.  However, in order to qualify for award of the Purple Heart there must be evidence that the individual received medical treatment for a wound or injury sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.

   a.  His available military service records do not show that he was wounded or injured in action as a result of a hostile act of the enemy.

   b.  The "SGO Files" fail to show the applicant sustained a battle injury during the period of service under review.

   c.  The Army regulation governing award of the Purple Heart shows that the basis upon which the VA granted the applicant service-connection for the scars on his legs is insufficient as a basis for awarding the Purple Heart.

   d.  Moreover, there are no orders or any other evidence that shows he was awarded the Purple Heart.

   e.  Thus, the evidence of record does not support the applicant's claim.

3.  Therefore, in view of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request.

4.  Evidence shows that the applicant's records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.


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 determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to show the Bronze Star Medal in item 33 of his WD AGO Form 53-55 based on the Combat Infantryman Badge.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II and the Korean Conflict are deeply appreciated.  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)                                         AR20140017596



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ABCMR Record of Proceedings (cont)                                         AR20140017596



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