IN THE CASE OF:	  

		BOARD DATE:	    7 July 2015

		DOCKET NUMBER:  AR20140020224 


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 her deceased father's separation documents to show his award of the Purple Heart.

2.  The applicant states, in effect, the family is attempting to verify that the former service member (FSM) received the Purple Heart for wounds sustained in combat while serving in Italy during World War II (WWII).  They state he told them that he was picked up on the battlefield by the 8th Evacuation Hospital and was treated by the 17th General Hospital in Naples, Italy.

3.  The applicant provides the FSM's narrative of his wounding and copies of hise WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), a newspaper article, photos of a Purple Heart medal, the FSM's death certificate, and the applicant's proof of kinship.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant and limited reconstructed personnel records.

3.  The WD AGO 53-55 shows –

* active duty service from 9 March 1943 through 14 December 1945
* advancement to Technician Fifth Grade (T/5)
* service in Europe from 15 October 1943 through 29 November 1945
* campaign credit for two campaigns, Naples-Foggia and Rome-Arno
* award of the European-African-Middle Eastern Campaign Medal with two bronze service stars, Good Conduct Medal, and the World War II Victory Medal
* item 34 (Wounds) is blank

4.  The applicant passed away on 30 July 2010.

5.  The newspaper article provided states the FSM was reported as being back on duty following being wounded and hospitalized for four weeks in Italy.  He had been overseas for five months.  The article does not have a date or provide any additional information.

6.  The injury as reported by the FSM to his family was that he was in the area of fighting and the next thing he knew was waking up in the hospital.  Workers at the hospital told him that he had been left for dead only to found still alive when workers were recovering the bodies.  He had head injuries and shrapnel in his legs and came home with a steel plate in his head.  The day he was released from the hospital someone from the Army came by and gave him his Purple Heart medal.  The Purple Heart medal in FSM's possession is reported as having the number 419752 on the back.  The photos provided do not clearly show this number.

7.  In the development of this case a search of the health record research project records, commonly referred to as the "SGO Files," was made.  These records involved transposing the 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 National Personnel Records Center (NPRC).  It was widely believed that they would become a valuable substitute for the records lost in the NPRC fire of 1973.  By way of explanation of what the records consist of, the SGO form states the original reason for the creation of these files was for statistical purposes and that not all hospitalizations are included in the records. 

8.  A search of the SGO files found a 1944 hospitalization record for the FSM.  The entry is noted as a carryover from the previous year.  The record indicates the FSM was hospitalized in December 1943 in Italy for derangement of the knee.  The causative agent is noted as not found.  

9.  The applicant has not provided any evidence that the FSM was or was not in receipt of Department of Veterans Affairs benefits or received any treatment for a service connected injury.

10.  Army Regulation 600-4 (Decorations) provided the WW II policy and provisions military awards and decorations.  In pertinent part, it states that the Purple Heart is awarded to members of the Armed Forces who are wounded in action against an enemy of the United States, or as a direct act of such enemy, provide that wound necessitated treatment by a medical officer.  

DISCUSSION AND CONCLUSIONS:

1.  The SGO record shows a hospitalization admission of December 1943 for a derangement of the knee but does not indicate if it was a battle injury or not. 

2.  Based on the newspaper article, the FSM would have been wounded and hospitalized in February or March of 1944.  It does not describe the injury and the article is not dated.  

3.  Unfortunately, there is insufficient evidence to determine if the FSM was wounded/injured once or twice and the recorded hospitalization does not list a causative agent for the injury.  

4.  Without evidence to validate the FSM's statement of the possible second hospitalization and that either hospitalization was the result of enemy action, there is insufficient evidence to correct the record to show the FSM was entitled to award of the Purple Heart.



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)                                         AR20140020224



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ABCMR Record of Proceedings (cont)                                         AR20140020224



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