IN THE CASE OF: BOARD DATE: 18 November 2015 DOCKET NUMBER: AR20150005023 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 correction of his DA Form 1577 (Authorization for Issuance of Awards) to show he was awarded the Purple Heart (PH) due to wounds he received in World War II (WWII). 2. The applicant states: a. In November 1944, he received shrapnel wounds to his arm and leg during the Battle of the Bulge. b. He was sent to a nearby, temporary first aid station and a medic treated his flesh wounds. The medic gave him a small written form and stated that he was eligible for the PH. c. He was cleared and sent back to combat duty with Company A,109th Infantry Regiment, 28th Division. 3. The applicant provides: * DA Form 1577 dated 29 October 1991 * a personal letter he wrote to his parents in 1945 * articles published in the Eastland Telegram newspaper in the 1940’s * personal statement * morning report dated 28 December 1944 * a letter regarding the 28th Infantry Division’s history 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 records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the documents the applicant provides. 3. The applicant’s WD AGO Form 53-55 ( Enlisted Record and Report of Separation Honorable Discharge) shows he was inducted into the Army of the United States on 10 August 1943 and held military occupational specialty (MOS) 745 (Rifleman). 4. On 1 April 1946, he was honorably discharged. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show the PH, and item 34 (Wounds Received in Action) contains the entry "NONE." 5. The available records are void of documentation showing he was awarded the PH. 6. The applicant provides a copy of a letter he wrote to his parents in 1945 stating “I was wounded sometime around November 16, 1944 near the town of Schmidt. I was hit in the leg and arm and went back to [the] first aid station...[a captain] dressed the wound and sent me back up front as I wasn’t hurt bad. But he gave me a slip of paper stating that I was entitled to the Purple Heart.” In addition, he provides letters from his hometown newspaper to show that he received the Bronze Star Medal, PH, three campaign stars, and the “Presidential citation, and that he was recovering in a hospital. 7. In the applicant’s personal statement, he alleges that “most of us received shrapnel wounds. My wounds were to an arm and leg; they were not life threatening. I was treated by a commissioned officer with rank of captain and given a small paper document of some kind…he said I was eligible for the PH.” 8. The applicant’s medical records show he was admitted to the hospital on 8 January 1945 for trench foot which incurred on or about 27 December 1944 in France; however, he does not provide any supporting documentation, including medical records, showing he was wounded as a result of enemy action. 9. Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the PH, a “wound” was defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. DISCUSSION AND CONCLUSIONS: In the absence of documentation verifying he was wounded as the result of hostile action, there is an insufficient basis upon which to award him the PH. 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) AR20130017382 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005023 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1