IN THE CASE OF: 

		BOARD DATE: 14 February 2023

		DOCKET NUMBER: AR20220006663


APPLICANT REQUESTS: to be awarded the Purple Heart for injuries received during 
World War II (WWII). 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	WD AGO Form 53-55 (Enlisted Records and Report of Separation) 
*	Photographs of an individual with selected areas circled

FACTS:

1.  The applicant did not file within the 3-year time frame 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 was injured in WWII and did not receive a Purple Heart for 
shrapnel injuries to face, stomach, and knee. He was injured while fighting in WWII and 
carried on the mission at the time of war. He bandaged himself up and drove on. 
Injuries are present to this day. He's requesting his Purple Heart that he never received.

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 National Personnel 
Records Center in 1973. It is believed that his records were lost or destroyed in that fire.  
However, the applicant provides sufficient documents in a reconstructed record for the 
Board to conduct a fair and impartial review of his case.

4.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States 
and entered active duty on 24 April 1944. He departed the continental United States on 
4 October 1944 and arrived in the European Theater of Operations (ETO) on 
14 October 1944. His dates of departure from the ETO and arrival back in the United 
States are not indicated. 


5.  At the time of his separation, the applicant held military occupational specialty 522, 
Duty Soldier, and was assigned to 189th General Hospital, Europe. 

6.  He completed 5 months and 10 days of continental service and 1 year, 1 month, and 
12 days of foreign service. He was honorably discharged for the convenience of the 
Government on 16 November 1945, in France. His WD AGO Form 53-55 also shows in:

*	Item 32 (Battles and Campaigns), he participated in the Rhineland campaign
*	Item 33 (Decorations and Citations), does not list any awards 
*	Item 34 (Wounds Received in Action), the entry "None"
*	Item 55 (Remarks) Excellent conduct and efficiency ratings, and No time lost

7.  There are no orders available or provided to show the applicant was awarded the 
Purple Heart. Likewise, there are no medical records to show if and when the applicant 
was wounded/injured or whether his injury(ies) required treatment. 

8.  By regulation (AR 600-8-22), the criteria for an award of the Purple Heart require 
substantiating evidence to verify that the injury/wound was the result of hostile action, 
and the injury/wound must have required treatment by medical personnel, and the 
medical treatment must have been made a matter of official record.

9.  There are no orders available to show the applicant was recommended for and/or 
awarded the Army Good Conduct Medal (1st Award). 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board noted that 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 that the wound was the result of hostile action, the wound must have required 
treatment, and the medical treatment must have been made a matter of official record.  
The applicant does not provide, and his service record does not contain evidence that 
meets the criteria for award of the Purple Heart. 

?
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:

1.  Except for the correction addressed in Administrative Note(s) below, 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.

2.  The Board wants you/the applicant and all others concerned to know that 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 his service in arms.  

	 
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):

A review of the applicant’s records shows he met the criteria and/or is eligible for 
service awards that are not listed on his WD AGO Form 53-55. As a result, amend his 
WD AGO Form 53-55 to show: 

*	World War II Victory Medal
*	European-African-Middle Eastern Campaign Medal with bronze service star
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 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.  The Purple Heart was established by General George Washington at Newburgh, 
New York, on 7 August 1782 during the Revolutionary War.  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) provides for the following awards: 

	a.  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 that 
the wound was the result of hostile action, the wound must have required treatment, 
and the medical treatment must have been made a matter of official record.  Examples 
of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  
injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; 
injury caused by enemy placed mine or trap; injury caused by enemy released 
chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident 
resulting from enemy fire; and/or concussion injuries caused as a result of enemy 
generated explosions.  The Purple Heart is not awarded for mental illnesses, even if the 
onset of such an illness occurs in a combat theater.

	b.  The World War II Victory Medal is awarded for service between 7 December 
1941 and 31 December 1946, both dates inclusive.

	c.  The European-African-Middle Eastern Campaign Medal is awarded for service 
within the European African-Middle Eastern Theater between 7 December 1941 and 
8 November 1945. This medal is awarded to any service member who was permanently 
assigned in the theater, who was in a passenger status or on temporary duty for 30 
consecutive days or 60 nonconsecutive days, or who was in active combat against the 
enemy and was awarded a combat decoration, or who was furnished a certificate by the 
commanding general of a corps or higher unit or independent force showing that he 
actually participated in combat.

	d.  A bronze service star is worn on the appropriate service ribbon, to include the 
Vietnam Service Medal, for each credited campaign. 

4.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the 
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active 
Federal military service completed on or after 27 August 1940 and, after 7 December 
1941, completed 1 year of continuous active Federal military service while the United 
States was at war. The award would not be made to an enlisted man whose records, 
during the required period of service, disclosed a conviction by any court-martial, or to 
one whose character or efficiency was rated below “excellent.” The fact that an enlisted 
man was recommended for or received an Army Good Conduct Medal or clasp would 
be noted under “remarks” of the discharge certificate.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220006663


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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