ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  6 May 2019

	DOCKET NUMBER:  AR20190002728


APPLICANT REQUESTS: award of the Purple Heart (PH)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Personal Statements
* Documents from the Department of Veterans Affairs (VA)
* Service documents

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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, in effect, he was wounded in the left shoulder by enemy fire in February 1944, during World War II (WWII).  He was treated in the field and records were made.  He received a Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB); however, he did not receive the PH nor was it annotated on his discharge papers.  He has been receiving service connected compensation from VA for the injury.

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 his 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’s enlisted record shows he was inducted into the Army of United States on 20 February 1943.  He received one wound during service.  There is no indication of the date or circumstances relating to the wound.  If further shows he was awarded the CIB, BSM, European-African-Middle Eastern Campaign (EAME) Medal, and a Good Conduct Ribbon.  He was honorably discharged on 8 November 1944.     
5.  His available record contains no orders showing he was awarded the PH and his available record is void of a WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
6.  He provides information from VA indicating he is receiving service-connected compensation for a wound to his left shoulder.
7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides that the PH is awarded for a wound sustained as a result of hostile action. 
8.  Army Regulation 600-8-22 (Military Awards) prescribes, the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive 
BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance and found that relief was warranted.  Although the available record is absent a WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), which would indicate whether or not the applicant was ever awarded the Purple Heart Medal, his enlisted record indicates he was wounded and is receiving VA benefits for his wound.  Combined with his enlisted record, which indicates he received a wound, was awarded a Bronze Star and a CIB, and served in Africa during World War II, the Board found his statement compelling.  The Board therefore found sufficient evidence that the applicant met the regulatory requirements for a Purple Heart and is authorized the medal.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 and adding the Purple Heart.


	 
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.  (Optional as applicable.)  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.
3.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides that the Purple Heart is awarded for a wound sustained 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.
4.  Army Regulation 600-8-22 (Military Awards) prescribes, the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190002728
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