IN THE CASE OF: BOARD DATE: 12 November 2009 DOCKET NUMBER: AR20090009860 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 that he received wounds in combat in Germany in April 1945. He contends that the request for the Purple Heart was made during his separation process from the Army. He was told the award would be sent to him at his home, but he never received the award or a denial of such award. 3. The applicant provides copies of a WD AGO Form 106 (Request for Decoration and/or Citation); his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a letter from his son to a Member of Congress, dated 10 February 2009; and correspondence from a Member of Congress, dated 14 August 2009 and 6 October 2009, in support of his application. 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 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. The applicant was inducted into the Army of the United States on 28 April 1944. He served in the European theater of operations from 6 February 1945 to 28 May 1946 and was honorably discharged on 11 June 1946. 4. The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) of his WD AGO  Form 53-55 shows the entry, "none." 5. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. 6. The applicant provided a WD AGO Form 106, dated 10 June 1946, in support of his claim for award of the Purple Heart. This form states, in pertinent part, the applicant's hand was hit by shrapnel near Bayreuth, Germany, in combat in April 1945 and that he was given first aid in the field. 7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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. DISCUSSION AND CONCLUSIONS: There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action during World War II. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action during World War II, the WD AGO Form 106 provided by the applicant is not sufficient as a basis for an award of the Purple Heart. Regrettably, there is insufficient evidence on which to award the Purple Heart in this case. 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) AR20090009860 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090009860 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1