IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150006028 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: * he should have received the Purple Heart for wounds sustained while serving with Company B, 1264th Combat Engineer Battalion * he was wounded by shrapnel while pulling field mines * one person died and two others were severely wounded 3. The applicant provides: * extract of a publication describing the history of the 1264th Combat Engineer Battalion * Company B personnel roster * Certification of Military Service * DA Form 20 (Qualification Record – Enlisted Personnel) * letter from a Member of Congress, dated 11 February 2014 * letter from his physician, dated 13 March 2015 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 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. His 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 25 April 1944 * his organization at the time of separation was Company B, 1264th Combat Engineer Battalion * he served in the European theater of operations from 2 November 1944 until approximately 24 November 1945 * the entry "NONE" in item 34 (Wounds Received in Action) * he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, Army Good Conduct Medal, and World War II Victory Medal * he was honorably discharged on 30 December 1945 4. There are no orders for the Purple Heart in the available records. 5. There is no evidence in the available records that shows he was wounded as a result of hostile action during World War II. 6. He provided an extract of a publication describing the history of the 1264th Combat Engineer Battalion. 7. He also provided a letter from his physician, dated 13 March 2015, who states: * the applicant is a World War II veteran * while serving his country on active duty, he sustained injuries from a land mine resulting in partial amputation of a finger along with other shrapnel wounds * he believes the applicant is deserving of award of the Purple Heart due to injuries incurred while serving this great country 8. 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 contends he should have been awarded the Purple Heart because he was wounded by shrapnel while pulling field mines during World War II. 2. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 3. His WD AGO Form 53-55 shows the entry "None" for wounds received in action. 4. There is no evidence in the available records and the applicant provided no evidence showing he was wounded as a result of hostile action during World War II. 5. In the absence of corroborating evidence showing he was wounded as a result of hostile action during World War II, the physician's statement provided by the applicant is not sufficient as a basis for awarding him the Purple Heart. 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 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) AR20150006028 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006028 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1