IN THE CASE OF:	  

		BOARD DATE:	       15 January 2009

		DOCKET NUMBER:  AR20080009958 


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 he was wounded in the Ardennes Forest when a piece of shrapnel grazed his elbow.  He applied wound powder [sulfa powder] and bound it himself.  He did not have the medical corpsman treat the wound because there were too many others wounded.

3.  The applicant provides copies of his WD AGO Form 100 (Separation Qualification Record), his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a 2007 medical evaluation record, and a letter from the applicant in regards to Department of Veterans Affairs benefits.

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.

3.  The applicant served on active duty from 31 July 1944 through 30 June 1946.

4.  His WD AGO Form 53-55 lists his awards as the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the World War II Victory Medal, and the Combat Infantryman Badge.   Block 34 (Wounds) states "NONE."

5.  The medical evaluation record provided by the applicant shows he was seen by a medical doctor in October 2007 for the chief complaint of left shoulder pain.  The applicant reported to the medical doctor an old 1945 injury where his left shoulder was injured and his clavicle was broken.  Based on a left shoulder inspection, it was determined that he had hypertrophic soft tissue swelling over the anterior shoulder with fair muscle bulk and tone.  The recommendation by the medical doctor was that medical management was limited; may consider intermittent cortisone injections; and gentle, easy frequent motions is key.  Additionally, surgical treatment would entail total shoulder replacement.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.  The applicant contends that he was wounded in the Ardennes Forest when a piece of shrapnel grazed his elbow.  He applied wound powder [sulfa powder] and bound the wound himself.  He did not have the medical corpsman treat the wound because there were too many others more seriously wounded.

2.  By his own statement, the applicant did not receive treatment from medical personnel for his wound and there is no record of treatment.  This situation did not meet the regulatory criterion for award the Purple Heart. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080009958



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ABCMR Record of Proceedings (cont)                                         AR20080009958



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