IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029902 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart on behalf of her deceased husband, a former service member (FSM), and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show he was awarded the Purple Heart.

2.  She states the FSM:

* was strafed by an enemy plane while in a foxhole
* he spent 6 weeks in a hospital in England
* he was in a replacement center and returned to his unit
* he always told her he should have gotten the Purple Heart, but in his haste to get home he overlooked it
* he had lasting injuries

3.  She provides:

* marriage certificate
* State of Wisconsin Department of Health and Family Service Death Certificate

CONSIDERATION OF EVIDENCE:

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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's military records are not available to the ABCMR 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.

3.  The available evidence shows the FSM enlisted in the Army National Guard and entered active duty on 11 December 1941.

4.  On 18 July 1945, the FSM was honorably discharged after completing a total of 3 years, 7 months, and 8 days of creditable active military service.

5.  The FSM's WD AGO Form 53-55 shows:

* Decorations and Citations – Army Good Conduct Medal and European-African-Middle Eastern Campaign Medal
* Wounds Received in Action – None
* Battles and Campaigns – Normandy, Northern France, Ardennes, and Central Europe
* He served in the European theater from 3 March 1942 through 1 July 1945

6.  Army Regulation 600-8-22 (Military Awards) 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  Regrettably, there is no evidence available and the applicant did not provide evidence to show the FSM was wounded as a result of hostile action.  Therefore, there is insufficient evidence on which to base award of the Purple Heart and correction of the FSM's WD AGO Form 53-55 to show he was awarded the Purple Heart.

2.  This action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.

BOARD VOTE:

________  ________  ________  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.



      ____________X______________
                 CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20100029902



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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