RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 October 2005 DOCKET NUMBER: AR20050000964 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Mr. Richard P. Nelson Analyst The following members, a quorum, were present: Mr. Ted S. Kanamine Chairperson Mr. Patrick H. McGann Jr. Member Ms. Carol A. Kornhoff Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Purple Heart for wounds sustained in World War II on 31 January 1945. 2. The applicant states that he was wounded in Belgium, when shrapnel from enemy artillery struck him in the left shoulder. He also states that he received the Purple Heart but has since lost all of his records, to include his separation document. 3. The applicant provides a notarized affidavit, outlining the circumstances of the incident, and two notarized eyewitness statements, attesting that the applicant was wounded as a result of hostile action on 31 January 1945. 4. In addition, the applicant provides a copy of correspondence he received from the National Personnel Records Center (NPRC), dated 9 December 2004. This correspondence informs the applicant that the NPRC received “an important source of medical information that may be used in the reconstruction of military data lost in the fire that occurred at this Center on July 12, 1973”. It outlines the creation of computer magnetic tapes by the National Research Council, and the resultant information, derived from the hospital admission cards of the Office of The Surgeon General, commonly referred to as "SGO Files”. Lastly, the letter from the NPRC advises the applicant that the newly revealed information contained in the SGO files indicates that the applicant was admitted and treated for battle-related shrapnel wounds on 31 January 1945. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error that occurred on 18 October 1945, the date of his separation from the Army. The application submitted in this case is dated 13 December 2004 and was received by the Board 20 Januray 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 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 the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents for the Board to conduct a fair and impartial review of this case. This case is being considered using the documents provided by the applicant and a National Archives and Records Administration Form 13038 (Certification of Military Service). 4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. DISCUSSION AND CONCLUSIONS: 1. While there are no records showing the applicant received the Purple Heart, SGO Files and two eyewitness statements show he was wounded, as a result of hostile action, in Belgium, on 31 January 1945. Therefore, it would be appropriate to correct his records by awarding him the Purple Heart. 2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 October 1945. However, the ABCMR was not established until 2 January 1947. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart. BOARD VOTE: ____cak _ ____phm_ ____tsk_ GRANT RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 him the Purple Heart for wounds sustained as a result of hostile action, in Belgium, on 31 January 1945. _________Ted S. Kanamine__________ CHAIRPERSON INDEX CASE ID AR20050000964 SUFFIX RECON YYYYMMDD DATE BOARDED 20051013 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.