IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007783 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. He also requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show a civilian occupation other than "Coal Miner." 2. The applicant states his [civilian] occupation was not coal miner. He did not work before joining the military. He also never got the Purple Heart. He feels he should have received the Purple Heart for the shrapnel in his legs. 3. The applicant provides his WD AGO Form 53-55, WD AGO Form 100 (Separation Qualification Record), and Honorable Discharge Certificate. 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 Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active service at Fort Thomas, KY on 9 September 1942. This form also shows that at the time of separation, the applicant held a military police specialty and he was assigned to Headquarters Detachment, 3594th SCU, Newton D. Baker General Hospital, Martinsburg, WV. 4. The applicant's WD AGO Form 100 shows his civilian occupation as "Miner, Coal." He performed the miscellaneous tasks involved in the excavation of coal from an underground mine; drilled holes, inserted explosives, blasted coal mass loose, installed timbers to prevent cave-ins, and loaded coal into mine cars. He was employed by Bacco Coal Company, Bacco, WV, from 1939 to 1942. 5. His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 6 January 1943 and arrived in England on 16 February 1943. He served in North Africa and Sicily. He departed Europe on an unknown date and he arrived back in CONUS on 25 December 1943. 6. He completed 2 years, 3 months, and 3 days of continental service and 11 months and 20 days of foreign service. He was honorably discharged and issued a Certificate for Disability Discharge on 1 December 1945. His WD AGO Form 53-55 shows in: * Item 21 (Civilian Occupation), Miner, 325 * Item 31 (Military Qualifications and Date), he was qualified sharpshooter with the rifle * Item 32 (Battles and Campaigns), he participated in the Tunisian and Sicilian campaigns during WWII * Item 33 (Decorations and Citations), he was awarded the American Theater Ribbon, European-African-Middle Eastern Theater Service Ribbon with 2 bronze service stars, Good Conduct Medal, and the [World War II] Victory Medal * Item 34 (Wounds Received in Action) contains the entry "None" 7. The information compiled from the Hospital Admissions Cards by The Office of The Surgeon General for the years 1942 to 1945 show: * the applicant was admitted to a general hospital in Sicily/Corsica/Sardinia station in September 1943, for amblyopia, exanopsia; not in line of duty; existed prior to service * the applicant was admitted to the Newton D. Baker General Hospital in WV for psychoneurosis, anxiety in July 1945 and he retired in December 1945 8. Army Regulation 600-8-22 (Military Awards) states 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. 9. War Department Technical Manual (TM) 12-236 (Preparation of Separation Forms) and Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. The purpose of the separation document is to provide the veteran with a separation certificate and a military or enlisted record and report of separation. The TM provided an item by item description of entries to be made on the WD AGO Form 53. The instruction for item 21 is to enter the civilian occupation as shown on the WD AGO Form 100 or item 13 of the WD AGO Form 20 (Service Record). The corresponding code from the Dictionary of Occupation Titles is shown to the right of the description. DISCUSSION AND CONCLUSIONS: 1. With respect to the civilian specialty in item 21: a. The available evidence, consisting of a WD AGO Form 100, clearly shows the applicant's civilian occupation was "Miner, Coal." This form shows he performed the miscellaneous tasks involved in the excavation of coal from an underground mine; drilled holes, inserted explosives, blasted coal mass loose, installed timbers to prevent cave-ins, and loaded coal into mine cars. He was employed by Bacco Coal Company, Bacco, WV, from 1939 to 1942. b. The information reflected in item 21 of the WD AGO Form 53-55 is obtained from the Soldier's records, specifically, the WD AGO Form 24 (Service Record) and the WD AGO Form 100. Not only is there no evidence this entry has disadvantaged or harmed the applicant, he provides no evidence to show this entry is in error. In the absence of evidence to the contrary, it must be presumed this entry is correct. 2. With respect to the Purple Heart: a. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. Aside from his claim of shrapnel in his legs, he provides no evidence and there is no evidence in his reconstructed records that show he was wounded in combat during World War II. Likewise, there is no entry for the Purple Heart among his authorized awards to suggest he was wounded in action. c. In the absence of documentary evidence to verify an injury as a result of hostile action, such as a contemporaneous treatment medical record, hospital progress notes, casualty feeder report, entry on an official service record, telegram/western union notification from The Adjutant General to the next of kin, and/or an award citation mentioning a wound, there is insufficient evidence to award him the Purple Heart. 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) AR20150007783 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007783 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1