IN THE CASE OF:	  

		BOARD DATE:	    6 November 2014

		DOCKET NUMBER:  AR20140005685 


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.  He states he severely cut his shins during a heavy barrage of artillery when he was blown into barbed wire. 

3.  He does not provide any additional evidence.

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 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.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he was inducted into the Army of the United States on 8 October 1943.  He served in the European-African-Middle Eastern theater of operations from 29 June 1944 to 10 June 1946 and he was honorably discharged on 24 June 1946.

4.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show the award of the Purple Heart.  Item 34 (Wounds Received in Action) shows "None."

5.  There is no evidence in the available records which shows he 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 his contention, there is insufficient evidence to correct his records to show 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:

1.  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 wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20140005685





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ABCMR Record of Proceedings (cont)                                         AR20140005685



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