IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150009256 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, in effect, that during World War II (WWII), while serving in Germany on 5 March 1945, he fell through a booby-trapped hay loft door and landed on a rock, which resulted in a broken back and short-term paralysis. He was flown to England where he recovered for 3 months in a clamshell cast. An Army official approached him at his bedside to award him the Purple Heart but he declined since he did not "spill any blood"; a decision he now regrets. 3. The applicant provides: * several letters from his son that were addressed to his Member of Congress requesting the Purple Heart * 2 copies of his WD AGO From 53-55 (Enlisted Record and Report of Separation Honorable Discharge) * approximately 45 pages of medical documents from the Department of Veterans Affairs (VA) * 30 pages of military medical documents * DA Form 1577 (Authorization for Issuance of Awards), issued by Department of the Army, U.S. Army Reserve Personnel Center (ARPERCEN) * NA (National Archives) Form 13038 (Certification of Military Service), with letter dated 22 November 2013 * Bronze Star Medal Certificate, dated 27 March 1987 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 that neither the FSM nor the applicant filed an application for relief 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 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 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 his records were lost or destroyed in that fire; however, his reconstructed record and records he provides contain sufficient documents 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 15 April 1943, entered active service on 22 April 1943, and held military occupational specialty 345 (Truck Driver, Light). 4. The applicant's WD AGO Form 53-55 shows he served in the European Theater of Operations from 4 December 1944 to 20 April 1945. 5. The applicant provides numerous military medical documents that address his injury on 5 March 1945. According to these documents, he fell through a barn hay loft onto rocky ground and sustained multiple fractures of his vertebra. He was first hospitalized at an evacuation hospital in France, followed by hospitalization at McGuire General Hospital in Virginia and Camp Butner Convalescent Hospital in North Carolina. 6. A Hospital Admission Card created by the Office of the Surgeon General, Department of the Army, for the year 1945 lists his particular data as follows: a. His admission date was 5 March 1945. b. His injury type was categorized as a non-battle injury. c. The causative agent was a fall from height. d. The first diagnosis was a concussion and the second diagnosis was a simple fracture in the lumbar vertebrae area. 7. The applicant was honorably discharged on 12 October 1945. His WD AGO Form 53-55 shows the following pertinent information: * item 6 (Organization) – Company I, 385th Infantry Regiment * item 30 (Military Occupational Specialty) – Truck Driver Light 345 * item 31 (Military Qualification and Date) – Combat Infantryman Badge, 23 February 1945 * item 32 (Battles and Campaigns) – Rhineland * item 33 (Decorations and Citations) – European-African-Middle Eastern Theater Ribbon with One Bronze Battle Star * item 34 (Wounds Received in Action) – None * item 37 (Continental Service) 2 years and 13 days, (Foreign Service) 5 months and 15 days * item 38 (Highest Grade Held) – private first class * item 40 (reason and Authority for Separation) – A certificate of disability under the provisions of Army Regulation 615-361 (Enlisted Men – Discharge Medical) was issued initially on 4 November 1944 8. He provides numerous VA and private health care provider medical records detailing his fall through a hay loft door, his landing on rocky ground, and his resulting injury during WWII. In addition, he provides a Bronze Star Medal Certificate that announced his award of the Bronze Star Medal for meritorious achievement in ground combat against the armed enemy during WWII dated 27 March 1997. ARPERCEN also issued him the following medal sets: Bronze Star Medal; Army Good Conduct Medal; American Campaign Medal; European-African-Middle Eastern Campaign Medal; WWII Victory Medal; Combat Infantryman Badge and Honorable Service Lapel Button. The remarks section of DA Form 1577 shows the Bronze Star Medal was awarded based on the Combat Infantryman Badge. 9. There is no evidence in the available record showing a DD Form 215 (Correction to DD Form 214) or similar document was issued in 1997 when ARPERCEN sent him his Bronze Star Medal Certificate and medal set. 10. Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, provided that the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer. This regulation stated that for the purpose of considering an award of the Purple Heart, a "wound" is 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. 11. Army Regulation 600-8-22 (Military Awards) states: a. 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. b. The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. c. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946 under any of the following conditions: (1) On permanent assignment outside the continental limits of the United States. (2) Permanently assigned as a member of a crew of a vessel sailing ocean waters for a period of 30 consecutive days or 60 nonconsecutive days. (3) Outside the continental limits of the United States in a passenger status or on TDY for 30 consecutive days or 60 nonconsecutive days. (4) In active combat against the enemy and was awarded a combat decoration or furnished a certificate by the Commanding General of a corps, higher unit, or independent force that the Soldier actually participated in combat. (5) Within the continental limits of the United States for an aggregate period of 1 year. d. The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for the Purple Heart was carefully considered. 2. The Army regulatory guidance governing the criteria for the Purple Heart is quite clear. The wound must have been sustained while in action in the face of the armed enemy or as a result of a hostile act, the wound must have required treatment by military medical personnel, and the record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record. 3. The Board acknowledges the applicant did sustain an injury that required medical treatment by military medical personnel, and it is documented in his official record. Unfortunately, all medical documents in his record and the documents he submits, substantiates the injury was an accident (non-battle injury) resulting from a fall through a hay loft door in a barn in Germany. There is no evidence that the injury was a result of hostile action or that the barn was "booby-trapped by enemy forces." 4. Notwithstanding the applicant's sincerity, his WD AGO Form 53-55 does not indicate a combat-related injury and the 1945 hospital admission card documents the injury as a non-battle injury. In the absence of evidence to show the injury was directly related to a hostile action, there is insufficient evidence upon which to base the Purple Heart. 5. By regulation, the Bronze Star Medal is authorized to members who received the Combat Infantryman Badge during WWII. The evidence shows the applicant was previously awarded the Bronze Star Medal in 1997 based on the Combat Infantryman Badge. As there is no amended discharge document supporting this award, it would be appropriate to amend his record by issuing him a DD Form 215. Administratively, he is also authorized the American Campaign Medal and the WWII Victory Medal for his service. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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 correcting the records of the individual concerned to show he was awarded the Purple Heart. 2. The Board determined that administrative errors in the record of the individual concerned should be corrected. Therefore, the Board requests that the Army Review Boards Agency, Case Management Division administratively correct the records of the individual concerned by amending item 33 of the applicant’s WD AGO Form 53-55 by adding the Bronze Star Medal, American Campaign Medal and the WWII Victory Medal. _______ _ _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) AR20130016445 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009256 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1