RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 February 2007
DOCKET NUMBER: AR20060011128
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
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. Mark Manning
Chairperson
Mr. John Meixell
Member
Mr. Qawiy Sabree
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.
2. The applicant states that he did not get recognized at the time.
3. The applicant provides a medical record, dated 30 March 2001; a WD AGO Form 53-55 (Enlisted Record and Report of Separation); and a letter, dated
27 July 2006, from a Member of Congress.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
6 February 1946. The application submitted in this case is dated 30 June 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 applicants failure to timely file.
3. The applicants 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 applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
4. The applicant was inducted on 3 April 1943 and entered active duty on
10 April 1943. He served in the European Theater of Operations from
28 April 1945 until approximately 2 September 1945 and was honorably discharged on 6 February 1946.
5. The applicants WD AGO Form 53-55 shows the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the World War II Victory Medal, and the American Campaign Medal as authorized awards. Item 34 (Wounds Received in Action) on the applicants WD AGO Form 53-55 shows the entry, NONE.
6. There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
7. In support of his claim, the applicant provided a medical record, dated
30 March 2001, which shows he was treated for left elbow pain. This medical record also states, in pertinent part, DIAGNOSTIC DATA: X-ray is negative except for some bullet fragments in his elbow from WWII [World War II]. However, there is no evidence that this injury was the result of hostile action.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record which shows that the applicant was wounded or treated for any injuries as a result of hostile action during World War II. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action, the 2001 medical record provided by the applicant is not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base an award of the Purple Heart in this case.
2. Records show the applicant should have discovered the alleged error now under consideration on 6 February 1946; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950
(3 years after the Board was established on 2 January 1947). 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 there is no statute of limitations on requests for award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
MM_____ __JM____ _QS____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_Mark Manning_________
CHAIRPERSON
INDEX
CASE ID
AR20060011128
SUFFIX
RECON
DATE BOARDED
20070222
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.0015
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