IN THE CASE OF: BOARD DATE: 9 October 2020 DOCKET NUMBER: AR20200001382 APPLICANT REQUESTS: Correction of his record to show he was awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO 53-55 (Enlisted Record of Separation Honorable Discharge), dated 27 January 1946 * Honorable Discharge Certificate, dated 27 January 1946 * WD AGO 100 (Separation Qualification Record), dated 27 January 1946 * National Personnel Record Center (NPRC) records request, dated 31 May 2018 * SF 180 (Request Pertaining to Military Records), dated 20 December 2018 * DD Form 149, dated 22 May 2019 * Photograph * New York Daily News article 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 (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: a. He served in the 254th Port Battalion. German troops were aware of the importance that the allies capture the Port of Cherbourg, this pivotal maneuver resulted in mass fire and casualties for the allies. There were no available medical doctors or medics in the combat zone for colored troops, hence there are no records of sustained wounds. It is now acknowledged that Nazi prisoners of war were treated in a superior fashion compared to the treatment of African American service members. b. During his service in Port Cherbourg, France, days after troops landed, while delivering supplies to the front, the truck he was in came under enemy attack from a V-2 missile. He sustained wounds to his head and legs from this enemy fire. c. Although he has pursued evidence of this event and his wounds, no verification of his wounds, other than the large scar on his head, can be substantiated because medics were not available for colored troops during this landing campaign. Despite his wounds, all he could do was return to his base where the Soldiers patched each other up as best as they could without medical assistance or even acknowledgement that he sustained injuries while encountering an attack from German troops. d. Furthermore, in pursuit of looking for tangible evidence of this event, he was challenged from the non-recording of this and other similar events due to the racial climate and segregated practices, at that time, against Soldiers of color. In addition, in requesting records from the NPRC, he was told that records for Soldiers separating from the Army between 1912 and 1959 were destroyed in a fire. e. He attests that his wounds did occur from enemy combat during World War II and he believes that he has earned, and is entitled to, a Purple Heart. 3. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the NPRC in 1973. It is believed his records were lost or destroyed in that fire. However, the NPRC provided a reconstructed record which included a WD AGO 53-55, WD AGO 100, and War Department Form 372A (Final Payment Worksheet) which are sufficient to fully and fairly review this case. 4. The applicant's WD AGO 53-55 shows he entered active duty on 15 February 1943. At the time of his separation, he held a crane operator specialty. It appears his most significant duty assignment (i.e., last duty assignment) was with the 754th Port Company (administratively corrected to the 254th Port Company in ABCMR Docket Number AR20190008153). 5. He was honorably released from active duty on 27 January 1946. His WD AGO 53-55 shows he completed 2 years, 11 months, and 13 days of active military service of which 2 years, 5 months, and 3 days was foreign service. His WD AGO 53-55 also shows he arrived in the European Theater of Operations on 4 September 1943 and served until 11 January 1946. He participated in the Normandy and Northern France battle campaigns. He was awarded or authorized the: * Army Good Conduct Medal * Victory Medal * European African Middle Eastern Theater Campaign Ribbon with bronze arrowhead 6. Item 34 (Wounds Received in Action) of his WD AGO 53-55 shows "None." 7. His medical records are not available for review with this case. 8. The applicant provides: a. Honorable Discharge Certificate. b. WD AGO 100 providing a brief of the applicant's military qualifications. c. NPRC records request wherein the applicant was informed his complete official military personnel file was not in their files as a result of a fire that occurred on 12 July 1973. However, there were some alternate records sources used to reconstruct some service record data lost. d. SF 180 wherein the applicant requested medical records to substantiate award of the Purple Heart. e. DD Form 149, dated 22 May 2019, wherein the applicant requested to have his unit of assignment corrected on his WD AGO 53-55. f. Photograph of the applicant's scalp. g. News article that chronicled the applicant's life and service in the military during World War II, in which he was wounded three times and was never awarded the Purple Heart due to racism in the military at the time. 9. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The Board found that, unfortunately, there are no independently produced documents corroborating the applicant's account of how he was wounded during his World War II service, such as Department of Veterans Affairs medical records or other documentation detailing the type, cause, and severity of any injuries he incurred in service. In the absence of such documents, the Board determined the available evidence is insufficient as a basis for awarding the applicant the Purple Heart. 3. The Board wants the applicant and all others concerned to know that a decision to deny relief in this case 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 his service in arms. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX 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. ? REFERENCES: 1. Title 10, USC, 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 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 (AR) 600-45 (Personnel Decorations) in effect at the time states that for the purpose of considering an award of the Purple Heart, a “wound” was defined as an injury to any part of the body from an outside force. The Purple Heart is awarded to members of the Armed Forces of the United States, who are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitates treatment by a medical officer. 3. AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001382 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1