BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160009272 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: 16 May 2017 DOCKET NUMBER: AR20160009272 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 his sacrifices made 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. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160009272 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 the award of the Purple Heart for injuries sustained during his service in World War II (WWII). 2. The applicant states, in effect: a. He was injured in the Battle of St. Lo, France, while a member of a 155 millimeter (mm) Howitzer crew. (1) During the first "1000-airplane bombing" his unit was firing 155mm smoke shells into St. Lo; the rounds were intended to mark the lines where American Soldiers were located. (2) In retaliation, the Germans fired their "88s" [the 88mm anti-aircraft/anti-tank artillery gun, which was widely used by the German Army during WWII]. While the 88mm shells were exploding just on the left of their position, other Soldiers were forced to duck for cover. Their gunner saw a shell land very close to their location; he stopped lowering the tube of their 155mm Howitzer. (3) As the applicant opened the breech block to get ready to load and fire the next shell, the gunner released the crank. The applicant was caught and smashed four of his fingers between the handle of the breech block and the right steel trail of the howitzer. As a result, he lost four fingernails. The medic who treated him had to drill into and cut under his nails in order to release blood. His injuries caused him to be removed from the firing line for at least two weeks. b. The medic who treated him sustained shrapnel wounds and was awarded the Purple Heart. The medic's last name was Corporal G, and the applicant has since tried to reach him without success. Unfortunately, no reports were made at the time with regard to his injuries. He is now almost 93 years old, and would like to receive the Purple Heart. He still suffers numbness in his fingers. 3. The applicant provides a letter he sent to the Department of Veterans Affairs, dated 16 April 2016. 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 (NPRC) in 1973. The Army personnel records affected dated were dated between November 1912 and January 1960. It is believed that the applicant's records were lost or destroyed in that fire. However, a reconstructed record from NPRC, that includes a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and military medical records, provides sufficient basis to address the applicant's request. 3. His WD AGO Form 53-55 shows the following entries: * he was inducted into the Army of the United States on 3 February 1943 and entered active duty on 10 February 1943 * at the time of separation he was assigned to Battery A, 203rd Field Artillery Battalion * he arrived in the European Theater of Operations (ETO) on 1 March 1944 * he departed the ETO on 14 October 1945, and arrived in the U.S. on 26 October 1945 * he was honorably discharged on 31 October 1945 * item 34 (Wounds Received in Action), None * he was awarded or authorized European-African-Middle Eastern Campaign Medal and Good Conduct Medal 4. The available evidence does not show the applicant received an injury as a result of hostile action or that he was treated for such a wound. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound or injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound or injury was the result of hostile action, the wound or injury must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. a. A wound is defined as any injury to any part of the body from an outside force or agent. A physical lesion is not required. However, the wound for which the award is made must have needed treatment, not merely examination by a medical officer or physician. Additionally, treatment of the wound will be documented in the Service member's medical or health record. b. Examples of enemy-related injuries that clearly justify award of the Purple Heart include injury by an enemy bullet or shrapnel, enemy-placed trap or mine, and injuries caused by enemy-generated explosions or enemy-released chemical or biological agents. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The available evidence does not conclusively confirm the applicant was wounded as a result of hostile action. * item 34 of his WD AGO Form 53-55 does not show any wounds were sustained in combat * the reconstructed record gives no indication he sustained wounds that were treated by a medical officer * he indicates, as the rounds were fire by the enemy, they exploded closer to their position, and as he opened the breech block to load the next round, the gunner released the crank * as a result, the applicant was caught and smashed four of his fingers between the handle of the breech block and the right steel trail of the howitzer 2. The issue is not the applicant's sincerity nor whether he does or does not merit recognition for his service and sacrifices. Rather, the issue is whether the preponderance of the evidence indicates that all criteria for award of the Purple Heart were met. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009272 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009272 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2