IN THE CASE OF: BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150006194 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 records to show he was awarded the Combat Medical Badge "with star" and the Legion of Honor. 2. The applicant states: a. During the liberation of France and during a mortar position change, he was riding on a "mud hen" loaded with high explosive and white phosphorus mortar shells. b. As the vehicle was maneuvering toward a blind bend in the road, they came face-to-face with a German bunker. c. The enemy fired and hit the vehicle and the blast threw him away from the vehicle into the field resulting in scratches and bruises and, perhaps, a concussion because nothing is recalled about what happened to him afterwards. d. The unit was moving very rapidly across France. This incident and many others were not recorded, due to the nature of combat; however, it does not dilute the importance of his contribution to saving Soldiers' lives in combat. e. Award of the Purple Heart will bring justice to a combat incident that lives with him each and every day. 3. The applicant provides: * U.S. Army Installation Management Command letter, dated 14 December 2009 * Honorable Discharge Certificate, dated 4 November 1945 * WD AGO Form 53-55 (Enlisted Record and Report of Separation) * DA Form 1577 (Authorization for Issuance of Awards), dated 17 December1984 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 was inducted into the Army of the United States on 28 July 1943. He completed training as a medical aid man. He arrived in the European Theater of Operations (ETO) on 28 March 1944 and he was assigned to Headquarters Company, 87th Chemical Battalion, Medical Detachment. 3. On 28 July 1945, the applicant departed the ETO en-route to the United States 4. On 4 November 1945, the applicant was honorably discharged for the convenience of the government. Item 23 (Decorations and Citations) on his WD AGO Form 53-55 shows the following awards: * World War II Victory Medal * European-African-Middle Eastern Campaign Medal with 1 silver service star * Good Conduct Medal 5. Item 24 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry "None." 6. On 17 December 1984, the applicant was notified by Reserve Components Personnel and Administration Center that he was also authorized the Presidential Unit Emblem and the Honorable Service Lapel Button (WWII). 7. A letter, dated 14 December 2009, shows a Customer Management Services Officer of the Fort Sam Houston Garrison, U.S. Army Installation Management Command West Region, issued the applicant the following items: * "Combat Medic Badge with star indicating multiple campaigns" * "Combat Medic Patches from the 32nd Medical Brigade" * "A combat medic coin w/medic prayer on the reverse side" 8. A review of the available record fails to show that the applicant was ever wounded.as a result of hostile action by enemy forces 9. Army Regulation 600-8-22 (Military Awards) states: a. The Purple Heart is awarded for a wound sustained while in action against an enemy or 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. b. The Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat. c. Award of the Purple Heart and Combat Medical Badge will be announced in orders. d. There are no regulatory provisions recognizing honorary awards. Accordingly, such awards are not authorized to be shown on discharge documents. 10. The Ambassador of France regularly honors American veterans of World War I and II. The French Legion of Honor is an order of distinction first established by Napoleon Bonaparte in May of 1802. It is the highest decoration bestowed in France and is divided into five categories: Knight, Officer, Commander, Grand Officer and Grand Cross. DISCUSSION AND CONCLUSIONS: 1. A review of the available records fails to show that the applicant meets the criteria for award of the Purple Heart or the Combat Medical Badge. 2. It is unclear under what authority the Customer Management Services Officer of the Fort Sam Houston Garrison, U.S. Army Installation Management Command West Region, issued several items to him. It appears this official may have been acting in a public relations capacity and provided him honorary copies of the items described in her letter. 3. There is no evidence in the available record showing he was wounded as a result of hostile action by enemy forces. Further review of the available records fails to show that he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. In the absence of documentary evidence showing he met the criteria for the Purple Heart and the Combat Medical Badge, there is an insufficient basis upon which to correct his record to show these awards. 4. The applicant’s award of the French Legion of Honor is honorary in nature. Accordingly, it is not authorized for entry on his WD AGO Form 53-55. 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 that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his/her 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) AR20150006194 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006194 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1