IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20110015181 


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, the widow of a deceased former service member (FSM) requests the FSM records be corrected to show the Purple Heart.

2.  The applicant states the FSM suffered a concussion from a bomb explosion during combat in France and was unconscious for weeks and hospitalized for months.

3.  The applicant provides a WD AGO Form 100 (Separation Army Qualification Record), WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), letter order for the Bronze Star Medal, and a death 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 FSM's 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 his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by the applicant and information obtained from hospital admission cards.

3.  The FSM's WD AGO Form 53-55 indicates:

	a.  he enlisted in the Regular Army and entered active duty on 25 March 1942;

	b.  he was assigned to Company C, 44th Armored Infantry Battalion and served in the European theater of operations from 25 February 1944 to 12 March 1945;

	c.  he earned the Expert Infantryman and Combat Infantryman Badges;

	d.  he participated in the Normandy and Northern France campaigns and was awarded the World War II Victory Medal, Good Conduct Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, and the Bronze Star Medal;

	e.  in item 34 (Wounds) is annotated "None"; and

	f.  he was honorably discharged on 14 July 1945 and was provided a Certificate of Disability.

4.  Information obtained from hospital admission cards indicates the FSM was admitted for treatment in February 1945 with a first diagnosis of psychoneurosis, anxiety (including hypochondriasis).

5.  There is no evidence in the available records that shows the FSM sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  The WD AGO Form 100 provided does not contain information indicating the FSM was wounded as a result of hostile actions.

6.  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 AND CONCLUSIONS:

1.  The applicant's contention that the FSM's records should be corrected by adding the Purple Heart has been carefully reviewed.  

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence that shows the FSM sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.

3.  Regrettably, in the absence of evidence showing the FSM was wounded as a result of hostile action, that he received medical treatment by medical personnel for such injuries, and this treatment was made a matter of official record, there is insufficient evidence available to support award of the Purple Heart in this case.

4.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20110015181



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ABCMR Record of Proceedings (cont)                                         AR20110015181



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