IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160002726 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: 17 October 2017 DOCKET NUMBER: AR20160002726 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: 17 October 2017 DOCKET NUMBER: AR20160002726 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: a. After careful review of his medical records, he finds no mention of the cause of him slipping and injuring his back. It was caused by the concussion from an enemy artillery shell landing extremely close to him, knocking him momentarily unconscious and injuring his back. A fellow Soldier assisted him to find a medic. b. He wonders if this kind of injury (concussion) is worthy of award of the Purple Heart. c. He does not know who provided information to the medic as to how his injury occurred, and he finds no fault with it, except it was not complete. He is not seeking an award that is not warranted. d. Throughout his entire post-military life people have asked him why he did not receive a Purple Heart when he explains his injury. He always thought an individual had to bleed to get a Purple Heart, but he would appreciate clarification of this issue in light of recent news of concussion-related injuries. 3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge). 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 was inducted into the Army of the United States on 26 March 1944. He served in the European theater of operations from 11 October 1944 to 13 April 1945. 3. His records contain: a. a medical record, dated 29 December 1944, showing he accidentally injured his back when he fell into a foxhole in Belgium on 28 December 1944; b. Office of the Surgeon General Hospital Admission Card information showing he was hospitalized on 29 December 1944 in the European theater of operations for a battle injury to his lumbosacral region. The causative agent is listed as "Evasive Action, Personnel (Taking shelter)." The circumstances surrounding his injury are listed as "All battle casualties, and all battle injuries not intentionally inflicted by self or another person"; and c. a Certificate of Disability for Discharge, dated 27 August 1945, which states medical officers found the applicant unfit for military service because of "Injury, secondary, result of strain, lumbo-sacral, chronic, moderate, accidentally incurred 28 Dec 44 when patient was running for cover, feet slipped on ice striking back on edge of fox hole while in combat in Belgium." 4. He was honorably discharged on 30 August 1945 by reason of disability. 5. His WD AGO Form 53-55 does not show the Purple Heart as an authorized award. 6. Item 34 (Wounds Received in Action) and item 40 (Reason and Authority for Separation) of his WD AGO Form 53-55 both show the entry "Certificate of Disability for Discharge Section I [Army Regulation] 615-361 4 Nov 44 and 1st Indorsement [Convalescent] Hospital Camp Butner NC [North Carolina] 28 August 1945." 7. There are no orders for the Purple Heart in the available records. REFERENCES: 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 a. Examples of enemy-related injuries which clearly justify award of the Purple Heart include: (1) concussion injuries caused as a result of enemy-generated explosions and (2) mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. DISCUSSION: 1. Medical documentation, dated 27 August 1945, states the applicant slipped on ice, striking his back on the edge of a foxhole while running for cover in combat. 2. He contends he should have been awarded the Purple Heart because he suffered a concussion-related injury when an enemy artillery shell landed extremely close to him, knocking him momentarily unconscious and injuring his back. 3. The criteria for award of the Purple Heart require 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 4. Army Regulation 600-8-22 states concussion injuries caused as a result of enemy-generated explosions are examples of enemy-related injuries which clearly justify award of the Purple Heart. The Purple Heart is not awarded for injuries resulting from accidents, even if the accident occurs under combat conditions. 5. Contemporaneous medical documentation shows he accidentally injured his back when he fell seeking cover in Belgium on 28 December 1944 during combat. He was hospitalized on 29 December 1944 in the European theater of operations for a battle injury to his lumbosacral region. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002726 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002726 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2