IN THE CASE OF:	  

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150002385 


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 and correction of his WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) to show this award.

2.  The applicant defers to counsel for all statements and evidence.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests award of the Purple Heart to the applicant for wounds he sustained in combat during World War II and correction of the applicant's WD AGO Form 53-98 to show this award.

2.  Counsel states:

* the applicant is entitled to award of the Purple Heart due to a leg injury he sustained in combat during German bombing raids in World War II
* after being injured, he was hospitalized in Paris and London, returned stateside via hospital ship, and was hospitalized in the United States before being discharged for combat-related injuries

3.  Counsel provides:

* letter addressed to applicant's Member of Congress, dated 1 May 2015
* document presumed to have been authored by the applicant, summarizing his military service
* letter from applicant's Member of Congress' constituent liaison to the U.S. Army Human Resources Command, dated 17 July 2015
* Privacy Act Release Form
* Army Review Boards Agency letter to Member of Congress, dated 12 February 2015
* email correspondence between Member of Congress' office and Department of the Army Office of the Chief of Legislative Liaison
* applicant's WD AGO Form 53-98
* Army Review Boards Agency letters to counsel, dated 23 January 2014, 24 December 2013, 20 November 2013, and 21 October 2013
* applicant's WD AGO Form 100 (Army Separation Qualification Record)
* applicant's WD AGO Forms 234 (Hospital Patient Status), dated 15 January 1945 and 30 January 1945
* applicant's Army Service Forces, Second Service Command, Halloran General Hospital, admission documents, dated 5 February 1945
* envelope with V-Day Stamp
* cover page to "Guide for Replacement Officers"
* Army Service Forces New York Port of Embarkation Patient's Identification Tag
* Western Union Telegram, dated 8 February 1945
* 94th General Hospital Thanksgiving menu
* multiple photographs (presumably of the applicant)
* applicant's identification card and War Ration Book
* foreign currency
* Michelin Tires Battle of Normandy Map 102, June-August 1944, cover

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 complete 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 that most of his records were lost or destroyed in that fire.  With the exception of documents relating to requests for records, the applicant's available military records contain only two documents:  a War Department Pay and Allowance Account, dated 10 September 1945, and Army Service Forces, Third Service Command, Convalescent Hospital, Special Orders Number 174, dated 10 July 1945.  However, these documents combined with those provided by counsel are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant entered active service on 12 June 1942.

4.  What appears to be a self-authored chronological summary of his military service states:

* he was injured in action on 3 October 1944 near Prüm, Germany
* he was hospitalized in Liège, Brussels, Moostrichl, and Paris before being flown to England on 26 October 1944 for hospitalization in an English hospital in Chichester
* he was later admitted to the 94th General Hospital near Bristol, England

5.  A WD AGO Form 234 completed by a medical officer at the 94th General Hospital on 15 January 1945 identifies the applicant's diagnosis as a dislocated right knee and states he was making normal improvement.  A WD AGO 
Form 234 from 30 January 1945 continues to show the applicant as a patient at the 94th General Hospital and making normal improvement.  No diagnosis is listed on the second patient status.

6.  Army Service Forces, Second Service Command, Halloran General Hospital, documentation shows he was admitted to that hospital in New York on 4 February 1945 for observation and treatment.  A Western Union Telegram from the applicant to his parents, dated 8 February 1945, informs them of his arrival at the U.S. Army General Hospital, Camp Pickett, Virginia.

7.  Army Service Forces, Third Service Command, Convalescent Hospital, Camp Pickett, Special Orders Number 174, dated 10 July 1945, granted him 53 days of terminal leave effective 12 July 1945 and relieved him from further treatment and observation by the Convalescent Hospital.  He was honorably released from active duty on 2 September 1945 due to physical disability and reverted to an inactive status.  The WD AGO Form 53-98 he received upon discharge is largely illegible.  Item 30 (Wounds Received in Action) appears to contain a zero.

8.  There are no documents in his military records which corroborate the statement in his self-authored summary of service that he was injured in action on 3 October 1944.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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 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.  Counsel's request for award of the Purple Heart to the applicant was carefully considered.

2.  The applicant's available records show he sustained a dislocated knee for which he was admitted to the 94th General Hospital in England on 15 January 1945, the Halloran General Hospital in New York on 4 February 1945, and the Convalescent Hospital at Camp Pickett on or about 8 February 1945 for treatment and observation.  Records also indicate he was released from active duty due to physical disability.

3.  Although his injury and treatment is documented in his military records, his records are void of any documentation specifically showing his dislocated knee was sustained in action against an enemy or as a result of hostile action.  His WD AGO Form 53-98 appears to show he did not receive any wounds in action.

4.  In view of the aforementioned evidence, there is an insufficient basis for granting the requested relief.


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 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)                                         AR20150002385



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ABCMR Record of Proceedings (cont)                                         AR20150002385



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