IN THE CASE OF:	  

		BOARD DATE: 	        1 July 2009

		DOCKET NUMBER:  AR20090002699 


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 that he is entitled to the award of the Purple Heart for the shrapnel wound he received in his left arm.  He maintains that he was treated while in the field.  He also states that he was a prisoner of war for 2 weeks.  The applicant explains that he was a member of a small platoon and a lot of the Soldiers were killed by rocket launcher shrapnel.  He adds that the rest of the platoon surrendered because they were outnumbered by German tanks.  The applicant states that he was awarded the Bronze Star Medal, the Combat Infantryman Badge, and various medals for his heroic actions.

3.  The applicant provides a copy of his Bronze Star Medal orders, WD AGO 
Form 53-55 (Enlisted Record and Report of Separation), and a letter from the National Personnel Records Center.

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 Army Board for Correction of Military Records (ABCMR) for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining for the ABCMR to conduct a fair and impartial review of this case.

3.  Records available to the Board show that the applicant was inducted into the Army of the United States on 30 August 1943.  He served in the European theater from 27 May 1944 to 14 August 1945 and was honorably discharged on 6 November 1945.

4.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 confirms that he was awarded the Combat Infantry Badge and the Bronze Star Medal.  Item 34 (Wounds Received in Action) lists "None."

5.  There is no documentation in the available records which shows that the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in World War II.  Regrettably, in the absence of medical records supporting the applicant's contention, there is an insufficient basis for award of the Purple Heart in this case.


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)                                         AR20090002699



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002699



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1