BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140017628
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.
2. The applicant states that he was injured during the invasion of Normandy and again when his ship hit a mine and his hand was injured and he was knocked unconscious.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and three pages from what appears to be a unit log.
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 14 August 1942 and entered active duty on
28 August 1942. He completed his training as a tank mechanic and was transferred to the North Atlantic Theater of Operations (NATO). He participated in the Sicilian, Normandy, Northern France, Rhineland, and Central Europe Campaigns.
4. He departed NATO 31 October 1945 and was transferred to Camp Atterbury, Indiana where he was honorably discharged in the rank of Technician Fifth Class (Tec5) on 16 November 1945. His WD AGO Form 53-55 issued at the time of his discharge shows he was awarded the European-African-Middle Eastern Theater Ribbon with six bronze service stars, Good Conduct Medal, Distinguished Unit Citation, and Bronze Arrowhead Device. Item 34 (Wounds Received in Action) contains the entry None.
5. His separation physical examination shows entries indicating that the applicant was injured during his service.
6. The three pages provided by the applicant that appear to be a unit log of sorts contain no identifying date indicating the unit involved nor any reference to the applicant by name.
7. 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. While the sincerity of the applicants claim that he was wounded or injured during WWII is not in doubt, he has failed to show through the evidence of record or evidence submitted with his application sufficient evidence to support his contention.
2. Therefore, in the absence of evidence to show that he was wounded or injured and that medical treatment was made a matter of official record, there appears to be no basis to grant his request at this time.
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) AR20140017628
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ABCMR Record of Proceedings (cont) AR20140017628
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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