IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012884 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012884 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. IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012884 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 records to show award of the Purple Heart. 2. The applicant states that: a. During the Battle of the Bulge, he was in combat with the 22nd Infantry Regiment, 4th Infantry Division. He was wounded in action by German tree burst shrapnel. During the battle the medic told him treatment would delay his return home, so he just wrapped it and kept on fighting. The medic did not document the wound in the applicant's records. b. He landed on Utah Beach on 6 June 1944 and fought in many WWII campaigns with the 22nd Infantry. Although there were many incidents and close calls in combat where he could have been wounded, this was the only time he was hit by the enemy. c. He still has shrapnel in his left wrist. He is 92 years old and never knew he could apply for the Purple Heart after all these years. 3. The applicant provides copies of– * letter of support from County Veterans Affairs Office * WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) * x-rays of left wrist * information about a YouTube video of an interview with him * shipping list for replacement medal sets * news article in which he "remembers storming Utah Beach" * extract from the 22nd Infantry Regiment History World War II (WWII) 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 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 that his 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. The applicant's WD AGO Form 53-55 shows: a. He enlisted on 6 January 1941, entered active duty that day, and was separated on 24 July 1945. b. He served in the European Theater of Operations; c. He participated in the Normandy, Northern France, Rhineland, Central Europe, and the Ardennes-Alsace campaigns; d. he was awarded the European African Middle East Campaign Medal with five bronze service stars and one Bronze Arrowhead, American Defense Service Medal, Army Good Conduct Medal, Combat Infantryman Badge, and the Distinguished Unit Citation, and; e. in item 34 (Wounds Received in Action), the entry – None. 4. The applicant provides: a. Copies of three x-rays he claims show a piece of shrapnel in his left wrist. b. Information about a YouTube video of an interview with him in which he describes his experiences in WWII. He indicates he didn't take any medical treatment for the shrapnel in his wrist because he was told the treatment would delay his going home. c. A news article in which he "remembers storming Utah Beach" The article states "(The applicant) still has a piece of shrapnel in his arm. It's one of a few things that will always stick with him." d. An extract from the 22nd Infantry Regiment History World War II (WWII) covering the 1st Battalion, 22nd Infantry from 1939 through the end of WWII. e. The shipping list for his replacement medal sets shows his authorized awards as– * Bronze Star Medal * Army Good Conduct Medal * American Defense Service Medal * American Campaign Medal * European-African-Middle Eastern Campaign Medal and Bronze Star attachment (Single) and Silver Star Attachment (Single) and Arrowhead * World War II Victory Medal * Combat Infantryman Badge * Honorable Service Lapel Button WWII REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while 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: 1. The applicant requests his records be corrected to show award of the Purple Heart. He states he was injured by shrapnel in WWII. 2. The evidence he provided was reviewed; however, his available military records do not show any evidence that he was wounded, that those wounds were the result of hostile action and required treatment by medical personnel, or that any resulting medical treatment was made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012884 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012884 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2