IN THE CASE OF:  	  

		BOARD DATE:  18 February 2016	  

		DOCKET NUMBER:  AR20150005384 


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 spouse of a former service member (FSM), requests, in effect, that the FSM be awarded the Purple Heart.

2.  The applicant states she knew that the Purple Heart was not recorded on the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation); however, she had no idea that the Army had no record of the date he was wounded.  She states the FSM was wounded in the left shoulder and she needs a written statement for the National Cemetery to have the Purple Heart engraved on his headstone.

3.  The applicant provides copies of the FSM's Certificate of Death and a Marriage License.

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 the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records primarily consisting of the FSM’s separation documents and hospital admission records prepared by the Office of The Surgeon General (OTSG).

3.  The FSM was inducted into the Army of the United States on 9 March 1943.  He arrived in the European Theater of Operations on 19 November 1944.

4.  On 24 May 1945, the FSM departed the European Theater of Operations        en-route to the United States.

5.  On 30 August 1945, the FSM was honorably discharged due to physical disability.  Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows he was awarded the "EAME Ribbon" and the Good Conduct Medal.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows "None."

6.  On 16 October 2007, the FSM's WD AGO Form 53-55 was amended to delete the entry "EAME Ribbon" from item 33 and to add the European-African-Middle Eastern Campaign Medal with three bronze service stars and the Army of Occupation Medal with German Clasp.

7.  The OTSG files show the FSM was hospitalized on 28 March 1945 as a battle casualty due to an injury he received in the European Theater.  He was diagnosed, in part, with a compound scapula fracture.  The OTSG file lists the causative agent as "artillery shell, fragments, afoot or unspecified."  The "final result" is listed as "ankyloses:  shoulder joint, left."

8.  Army Regulation 600-8-22 (Military Awards) states 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 a medical officer, and the medical treatment must have been made a matter of official record.

9.  Technical Manual 12-235 (Enlisted Personnel – Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided instructions for completing the WD AGO Form 53-55.  It states for item 34 to enter the date wounded and theater.

DISCUSSION AND CONCLUSIONS:

The available evidence shows the FSM was hospitalized on 28 March 1945 as a result of a shoulder injury sustained from an artillery shell.  The OTSG Hospital Admission Cards has him listed as a battle casualty and, as such, the evidence supports awarding the Purple Heart to the FSM amending his WD AGO Form  53-55 to show the wound he received and the award.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the FSM the Purple Heart for the wound he received on or about 28 March 1945; 

	b.  replacing the entry in item 32 on his WD AGO Form 53-55 with "28 March 1945, European Theater of Operations."

	c.  Amending item 33 on his WD AGO Form 53-55 to show he is authorized the Purple Heart.



      _______ _   _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)                                         AR20150005384



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ABCMR Record of Proceedings (cont)                                         AR20150005384



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