IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20160004721 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20160004721 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: * awarding him the Purple Heart for wounds received in action on 11 February 1945 * adding the Purple Heart to item 33 of his WD AGO Form 53-55 * adding the entry "11 February 1945, Germany" to item 34 of his WD AGO Form 53-55 ___________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: 7 February 2017 DOCKET NUMBER: AR20160004721 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 was wounded during World War II but never received the Purple Heart. 3. The applicant provides: * Congressional correspondence * WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) * Honorable Discharge Certificate * WD AGO Form 100 (Separation Qualification Record) * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) * Denial letters from the U.S. Army Human Resources Command (HRC) * Morning Reports and Western Union Telegram 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 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 he was inducted into the Army of the United States on 17 March 1943 and entered active duty at Fort Jackson, SC, on 24 March 1943. This form also shows at the time of his separation the applicant: * held military occupational specialty 745 (Infantry Squad Leader) * was assigned to Company C, 505th Parachute Infantry Regiment (PIR) 4. His WD AGO Form 53-55 shows he departed the continental United States on 18 September 1944 and arrived in the European-African-Middle Eastern (EAME) Theater of Operations on 25 September 1944. He departed the EAME on 29 December 1945 and arrived back in the United States on 3 January 1946. 5. He completed 1 year, 8 months, and 17 days of continental service and 1 year, 1 month, and 9 days of foreign service. He was honorably separated on 19 January 1946 at Fort Bragg, NC, by reason of demobilization. His WD AGO Form 53-55 further shows in: * Item 31 (Military Qualifications and Date), the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) * Item 32 (Battles and Campaigns), Ardennes, Rhineland, and Central Europe campaigns * Item 33 (Decorations and Citations), the European-African-Middle Eastern Service Medal with 3 bronze service stars, American Theater Service Medal, and World War II Victory Medal * Item 34 (Wounds Received in Action), the entry "None" 6. He provides: a. A WD AGO Form 1 (Morning Report) that shows next to his name the entry "Attached unassigned, sick, Line of Duty hospital unknown, released from attached unassigned and assigned to Detachment of Patients hospital unknown, Battle Casualty." b. Reconstructed (unverified and unsigned) WD AGO Forms 1 showing an entry that reads "slightly xxxx injured in action, Germany, 11 February duty to hospital, unknown, Line of Duty." c. Western Union telegram, dated 6 March [1945] addressed to the applicant's father (the name is the same but the suffix is Sr.) informing him that the applicant was "slightly injured in action eleven February in Germany" and "mail address follows direct from hospital with details." 7. HRC considered his request for award of the Purple Heart on more than one occasion and determined he was, in fact, injured on action but the cause of his injuries could not be conclusively determined. On at least two occasions, the Awards and Decorations Branch notified the applicant that: * their office acknowledged receipt of the Western Union telegram and the Morning Reports * these documents were helpful but do not reveal the exact nature and circumstances surround the applicant's injuries * without eyewitness affidavits or additional documents confirming the injury was caused directly by enemy action, HRC could not approve this award 8. On 6 May 2015, HRC issued the applicant a DD Form 215 amending the applicant's WD AGO Form 53-55 by adding: * Bronze Star Medal * Army of Occupational Medal with Germany Clasp * Meritorious Unit Commendation * Belgian Fourragere * Netherlands Orange Lanyard REFERENCE: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 medical treatment, and the medical treatment must have been made a matter of official record. DISCUSSION: 1. The applicant provides Morning Reports showing he was injured and which contain the words "Battle Casualty." He also provides a Western Union telegram informing his father of the injury. The evidence also indicates he was assigned to a hospital, which would support a conclusion that the wound he received required medical treatment and was a matter of official record. 2. The criteria for award of the Purple Heart require verification that a wound was the result of hostile action, that the wound required medical treatment, and that 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) AR20160004721 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004721 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2