BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20170005277 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 BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20170005277 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. BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20170005277 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 military records by showing he was awarded the Purple Heart. 2. The applicant states during his discharge interview, he did not press for the Purple Heart because his wound was trivial and it was just another medal. He had no idea the Purple Heart would provide post-war benefits. 3. The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Letter, U.S. Army Human Resources Command (HRC), dated 24 April 2006 * Letter, HRC, dated 17 February 2012 * Permanent Order 046-22, HRC, dated 15 February 2012 * Letter from the applicant to HRC, dated 2 January 2017 * Letter, HRC, dated 18 January 2017 * Letter from the applicant to this Board, dated 2 February 2017 * Letter from the applicant to this Board, dated 18 July 2017 * Applicant’s Award Request to Integrated Logistics Support Center * A map of Europe with a statement of the applicant’s trip aboard a Liberty ship * A map titled Standoff at Mortain, dated 7 August 1944 * A drawing of a shadow box showing where the Purple Heart ribbon and medal would be placed 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 the applicant's records were lost or destroyed in that fire. However, the applicant has provided sufficient documents 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 20 March 1943 and entered active duty on 27 March 1943. 4. On 22 March 1944, the applicant departed the United States for duty in the European Theater of Operations (ETO). He arrived in Ireland on 3 April 1944. 5. He participated in five campaigns and was awarded the following medals” * Good Conduct Medal * Distinguished Unit Badge * American Campaign Medal * European African Middle-Eastern Campaign Medal with five bronze service stars * World War II Victory Medal * Combat Infantryman Badge * Lapel Button 6. On 17 August 1945, the applicant departed the ETO and returned to the United States on 21 August 1945. He was honorably discharged on 2 November 1945. He had attained the rank of Technician 5th Grade. 7. In a letter dated 2 January 2017, the applicant explained that on several occasions he had to jump out of a two and a half ton personnel carrier because of a threat of German aircraft overhead. During one of these jumps another Soldier landed on top of him. His helmet smashed his glasses which in turn peeled away some of his skin resulting in bleeding. He did not report to the aid station vehicle, which was somewhere to the rear, because he did not want to get separated from his platoon or to lose his seat on the vehicle. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. DISCUSSION: 1. The applicant contends that his military records should be corrected by showing he was awarded the Purple Heart. 2. There are no general orders announcing award of the Purple Heart to the applicant. The applicant states he did not seek medical treatment for his injury; therefore, it appears no medical record was made of the injury. Other than his own statement, there is no record of his injury. The available evidence does not clearly show that the injury he claims he incurred was the result of enemy action. 3. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of their service in arms. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170005277 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170005277 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2