RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060007447 


	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.



Director


Analyst


The following members, a quorum, were present:



Chairperson



Member


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, in effect, that his military records be corrected to show that he was awarded the Purple Heart. 

2.  The applicant essentially states that he was awarded the Purple Heart for wounds to his hands, and that he received shrapnel wounds while assigned to the 63rd Infantry Regiment while in the South Pacific.  He also states that his Purple Heart was mailed to him after his discharge, but it did not have any orders with it.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) with a photocopy of a Purple Heart medal in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
5 June 1946, the date of his release from active duty.  The application submitted in this case is dated 16 May 2006.

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 limitations 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 for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in St. Louis, Missouri in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  This case is being considered using documentation provided by the applicant, and information from the hospital admission cards created by the Office of the Surgeon General, Department of the Army, from 1942 to 1945.  

4.  The available records show that the applicant was inducted into the Army of the United States on or about 2 August 1944.  After completing basic and advanced individual training, he departed for the Asiatic-Pacific Theater of Operations on 19 January 1945, and arrived on or about 18 February 1945.  He served with Company A, 63rd Infantry Regiment during World War II.  He departed the Asiatic-Pacific Theater of Operations on 14 May 1946, and returned to the continental United States on 30 May 1946.  On 5 June 1946, he was honorably released from active duty.  The WD AGO Form 53-55 that he was issued at the time of his release from active duty essentially shows that he was awarded the Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Philippine Liberation Ribbon with one bronze service star, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.   

5.  The applicant provided a photocopy of a Purple Heart medal.  However, Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 does not reflect award of the Purple Heart.  Item 34 (Wounds Received in Action) of this same form contains the entry "None."  There are no medical records on file that show that the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  There are no orders in the available records to show he was awarded the Purple Heart. The applicant signed his WD AGO Form 53-55, attesting to the accuracy of the information contained on the form.  There is only one entry in the information from the hospital admission cards created by the Office of the Surgeon General, Department of the Army from 1942 to 1945 with the applicant’s service number, and it was for an instance of cellulitis in December 1944.  

6.  During a review of the applicant’s records, it was determined that he is entitled to an additional award that is not shown on his WD AGO Form 53-55.

7.  The applicant’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge, but it does not show that he was awarded the Bronze Star Medal based upon award of the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while 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.  

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he was awarded the Purple Heart. 

2.  Although the applicant provided a photocopy of a Purple Heart medal, there is no evidence in the available records that supports the applicant’s contention that he was awarded the Purple Heart.  While the Board does not doubt the veracity of the applicant’s claim to entitlement to award of the Purple Heart, regrettably, absent evidence that conclusively shows that he was wounded as a result of hostile action, and that this medical treatment was made a matter of official record, there is insufficient evidence to grant award of the Purple Heart to the applicant in this case.

3.  Based on the award of the Combat Infantryman Badge during World War II, the applicant is entitled to award of the Bronze Star Medal and correction of his military records to show this award.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 June 1946, the date of his release from active duty.  However, the ABCMR was not established until 2 January 1947.  As a result, 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 based on the fact that there is no statute of limitations on requests for award of the PH.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___MT __  __JH____  ___DL __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Bronze Star Medal based on award of the CIB and correction of his records to show this award.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the Purple Heart to the applicant.  




______ Marla Troup_________
          CHAIRPERSON




INDEX

CASE ID
AR20060007447
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0014.0000 (based on award of CIB)
3.
110.0400.0000
4.

5.

6.