IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012804 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012804 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012804 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: a. On 9 February 1945, his armored vehicle was hit by shells in France and the gas tank caught fire. His right arm suffered third-degree burns. One shell lodged in his right shoulder and has never been removed. He was treated at the 93d Evacuation Hospital in Nancy, France. b. A cook in his unit sustained third-degree burns from a gas stove explosion on 10 May 1945 and he was taken to the same hospital. c. The accidental injury was erroneously entered on his chart. d. He should have been awarded the Purple Heart. 3. The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * personnel roster for 63d Infantry Division * newspaper article * St. John Macomb Hospital radiology report, dated 18 December 2008 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 complete military records are not available 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 in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. His available records contain 63d Reconnaissance Troop Morning Reports showing: a. His duty status changed from present for duty to sick in quarters (line of duty), Clearing Company, 363d Medical Battalion, on 6 February 1945. b. His duty status changed from sick in quarters (line of duty) to lost, 93d Evacuation Hospital, due to a second-degree burn to his right hand caused by a cook stove explosion, and dropped from the unit rolls effective 8 February 1945. c. He was reassigned and joined his unit on 20 February 1945. 4. His WD AGO Form 53-55 shows: * he was inducted into the Army of the United States on 11 August 1943 and he entered active duty on 1 September 1943 * he served in the European theater of operations from 14 January 1945 to 16 April 1946 * the entry "NONE" in item 34 (Wounds Received in Action) * he was awarded the American Campaign Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, Army of Occupation Medal (Germany), Army Good Conduct Medal, and World War II Victory Medal * his organization at the time of separation was the 63d Reconnaissance Troop * he was honorably discharged on 5 May 1946 5. There are no orders for the Purple Heart in his available records. 6. There is no evidence in the available records showing he was wounded as a result of hostile action during World War II. 7. He provided a personnel roster for the 63d Infantry Division showing he was wounded in action on 9 February 1945. 8. He also provided a radiology report, dated 18 December 2008, which identifies metallic fragments over the right shoulder, presumably from a previous gunshot wound, were unchanged. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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: 1. He contends he should have been awarded the Purple Heart because he suffered third-degree burns when his armored vehicle was hit by shells in France and the gas tank caught fire. He further contends that a cook from his unit sustained third-degree burns from a gas stove explosion on 10 May 1945 and this accidental injury was erroneously entered on his chart. 2. However, the 63d Reconnaissance Troop Morning Reports show he suffered second-degree burns to his right hand in February 1945 due to a cook stove explosion. 3. His WD AGO Form 53-55 shows the entry "None" for wounds received in action. 4. There is no evidence in the available records showing he was wounded as a result of hostile action during World War II. Although he provided a personnel roster for the 63d Infantry Division showing he was wounded in action on 9 February 1945, this roster does not specify if he incurred a battle or non-battle injury or indicate hostile action. 5. The St. John Macomb Hospital radiology report, dated 18 December 2008, which identifies metallic fragments over the right shoulder, presumably from a previous gunshot wound, is not sufficient to confirm the metallic fragments were the result of hostile action during World War II. 6. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 7. In the absence of corroborating evidence showing he was wounded as a result of hostile action during World War II, entry on the 63d Infantry Division personnel roster showing he was wounded in action on 9 February 1945 and the radiology report provided by the applicant are not sufficient as a basis for awarding him the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012804 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012804 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2