BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150013512 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 BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150013512 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. BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150013512 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, in effect, award of a second Purple Heart and correction of his records accordingly. He also requests the issuance of replacement medal sets for all the medals that he is authorized. 2. The applicant states that: a. He was wounded crossing the Mosel River when his unit was going to take the city of Metz, in World War II (WWII). He was hit with numerous pieces of shrapnel and sent to the hospital. b. The doctor who operated on him said he was going to cut the ragged edge of his wound to make it easier to stitch it up. During the last cut the scissors snapped back and the doctor got some of the applicant's blood in his eye. He turned the applicant over and shook him. Finally, another doctor came by and stitched him up. c. A couple weeks later a call came for all the walking wounded to return to the front. When preparing for a 15 mile hike he experienced pain from a 40 pound backpack. He saw a doctor who called him a phony, gave him 2 aspirin, some water, and confined him to the barracks. d. He fell asleep and when he woke he was only able to move his left arm. He fell on the floor where he stayed for 16 hours before he was found. He was taken back to the same doctor who apologized for calling him a phony. e. The gist of the story is that he was wounded by both the enemy and by our own doctors. He remembers asking if he was entitled to a second Purple Heart and if so, that was his request. f. He has suffered from post-traumatic stress disorder (PTSD) for more than 20 years, calling for help in his sleep. PTSD was not known in 1945. Later he asked for compensation and got 10 percent. Sixty years later they increased it to 80 percent. g. He wants to be buried with all his medals. 3. The applicant provides: * a five and a half page hand-written document describing his time in the service prior to and during WWII. He essentially restates the situation involving his treatment for the shrapnel wound (summarized above) * WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) * Honorable Discharge Certificate * WD AGO Form 100 (Army of the United Stated Separation Qualification Record) * Purple Heart orders, dated 25 November 1944 * letter from the War Department to his mother, dated 9 January 1945 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. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings. 3. 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. 4. The applicant's WD AGO Form 53-55 shows: a. He was inducted into the Army of the United States on 4 March 1943, entered active duty on 11 March 1943, and was separated on 7 December 1945. b. He served in the European Theater of Operations from 11 June 1944 to 20 June 1945; c. He participated in the Rhineland and Central Europe campaigns; d. His authorized awards were the European-African-Middle East Campaign Medal with two bronze service stars, American Campaign Medal, two Overseas Bars, WW II Victory Ribbon, Good Conduct Medal, Purple Heart, and the Combat Infantryman Badge. e. In item 34 (Wounds Received in Action), no entry. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that 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 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. The applicant states he should have been awarded a second Purple Heart because he was injured (twice) during WWII. 2. The available evidence was reviewed; however, there is no evidence that shows he was wounded a second time as a result of hostile action and required treatment by medical personnel, or that any resulting medical treatment was made a matter of official record. 3. There is no regulatory provision for awarding the Purple Heart to an individual who was injured by medical personnel during the treatment process. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013512 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013512 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2