ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS X BOARD DATE: 16 April 2019 DOCKET NUMBER: AR20170014744 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * WD AGO Form 100 (Army of the United States Separation Qualification Record), undated * Veterans Administration Form P-80a (Award of Disability Compensation or Pension), dated 20 March 1947 FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, Section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: * he believes he is entitled to award of the Purple Heart for injuries sustained in action against the communist forces in Italy/Yugoslavia during 1945 and/or 1946 * he was a member of the 88th Calvary Reconnaissance Troop, Blue Devil Division, Special Forces, used for mounted reconnaissance services against the communists of President Tito's regime * he was under enemy fire and mounted on his horse when his horse stepped on a mine * he flipped off the horse, injuring himself and losing consciousness * when he awoke, he was being evacuated to a field hospital * his pelvis was broken in multiple places * he was offered the Purple Heart while he was in recovery for 4 or 5 months, but he declined * he now requests the honor of receiving award of the Purple Heart so it can be passed down to his children when he passes away 3. The applicant's complete military records are not available 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, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 4. The applicant was inducted into the Army of the United States on 16 November 1944. 5. Item 13 (Title – Description – Related Civilian Occupation) of his WD AGO Form 100 shows he performed duties as a training instructor for approximately 1 year with the 88th Cavalry Troop Brigade, instructing military personnel in riding and horsemanship. 6. The National Personnel Records Center provided information from the hospital admissions cards created by the Office of the Surgeon General, Department of the Army (1942-1945 and 1950-1954). Information for the year 1945 shows the applicant was admitted into the Regional Hospital, Fort Riley, KS, in February 1945 for acute nasopharyngitis (common cold) and remained in the hospital for 5 days. 7. He was honorably discharged on 14 August 1946. His WD AGO Form 53-55 shows he arrived in the Mediterranean theater of operations on 31 October 1945. He departed the Mediterranean theater on 3 April 1946 and arrived in the United States on 14 April 1946. He completed 1 year, 8 months, and 29 days of continental service and 5 months and 14 days of foreign service during this period. He was awarded and/or authorized the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal. Item 24 (Wounds Received in Action) contains the entry "None." 8. On 20 March 1947, the Veterans Administration (now known as the Department of Veterans Affairs) awarded him a service-connected disability pension effective 1 September 1946 for his conditions of a pelvis fracture, sinus, and right knee that were incurred or aggravated during his War Service. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief was not warranted. The applicant’s contentions were carefully considered. He contends he was injured after he fell off a horse that stepped on an enemy mine. His military medical record does not show he was injured or wounded by enemy forces. His record is absent evidence of any injury to his lower extremities; however, his VA record shows he receives assistance for service aggravated conditions. There was no corroborating evidence in the form of witness statements or casualty report records for the Board to consider. Based upon the preponderance of evidence, the Board agreed there is insufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. 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. ADMINISTRATIVE NOTE(S): not applicable. REFERENCES: 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. 2. Army Regulation 600-45 (Personnel Decorations), in effect at the time, prescribed the Army's awards policy. It provided for award of the Purple Heart to members who were wounded in action against an enemy of the United States, or as direct result of an act of such enemy, provided the wound necessitated treatment by a medical officer. For the purpose of awarding the Purple Heart, a wound was defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy. 3. Army Regulation 600-8-22 (Military Awards), currently in effect, 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 treatment, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. 4. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation badges and occupational duty awarded during World War II and the Korean War. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014744 2 1