IN THE CASE OF:  	  

		BOARD DATE:  25 June 2015	  

		DOCKET NUMBER:  AR20140019227 


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 the Purple Heart.  

2.  The applicant states, in effect, he should have received the Purple Heart; because his commander put his name in for this award.  His commander was killed in action and it was never processed due to his commander's death.  He cannot get the recommendation letter because both commanders were killed in action.  

3.  The applicant provides Congressional correspondence. 

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 (Enlisted Record and Report of Separation-Honorable Service) shows he:

   a.  Was inducted into the Army of the United States and entered active duty at Fort Benjamin Harrison, IN, on 23 September 1941.  

   b.  Departed the continental United States (CONUS) on or about 10 March 1942 and arrived in the Asiatic Pacific Theater of Operations (APTO) on 
15 March 1942.  He departed the APTO on an unknown date and arrived back in CONUS on or about 24 September 1945.

   c.  Completed 5 months and 25 days of continental service and 3 years,
6 months, and 14 days of foreign service.  He was honorably separated on 2 October 1945.  

   d.  Held military occupational specialty 610 (Anti Tank Gun Crewman) at the time of separation and he was assigned to Company M, 106th Infantry.

4.  His WD AGO Form 53-55 also shows in:

* Item 31 (Military Qualifications and Date) he was awarded a Combat Infantryman Badge
* Item 32 (Battles and Campaigns) he participated in the Eastern Mandates, Eastern Pacific, and Ryukyus campaigns 
* Item 33 (Decorations and Citations) he was awarded the Asiatic-Pacific Theater Service Ribbon with three bronze service stars, and the Army Good Conduct Medal
* Item 34 (Wounds Received in Action) "None"

5.  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.

6.  A review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214.  

7.  Army Regulation 600-8-22 states: 

	a.  The Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	b.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Purple Heart: 

	a.  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.

	b.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  Notwithstanding the applicant's sincerity, there is no evidence in the applicant's available record that shows he was wounded or injured as a result of hostile action or treated for such wounds.  

	c.  Regrettably, absent evidence which conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.
2.  Although the applicant did not specifically request any additional awards, his records contain administrative errors that require correction. 
 
	a.  The applicant was awarded the Combat Infantryman Badge.  He should be entitled to award of the Bronze Star Medal based on this badge and correction of his WD AGO Form 53-55 to show this award. 

	b.  The applicant served a qualifying period of service for award of the World War II Victory Medal.  He should also be entitled to this medal and correction of his WD AGO Form 53-55 to show it. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  With respect to the Purple Heart, 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 administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the Army Review Boards Agency Case Management Division administratively correct the records of the individual concerned as follows: 











* awarding him the Bronze Star Medal for the period 15 March 1942 to 
1 September 1945 based on award of the Combat Infantryman Badge
* adding to his WD AGO Form 53-55 the Bronze Star Medal and the World War II Victory Medal



      ___________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)                                         AR20140019227



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ABCMR Record of Proceedings (cont)                                         AR20140019227



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