RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2007
	DOCKET NUMBER:  AR20060012325 


	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.


	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, in effect, that he received the Purple Heart on 12 April 1945.   

3.  The applicant provides a copy of a letter he sent to his State Representative (Florida), copies of letters he received from the National Personnel Records Center (NPRC); and a copy of his National Archives and Records Administration (NA) Form 13038, Certification of Military Service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 January 1946, the date of his discharge from the Army.  The application submitted in this case is dated 24 August 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 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.

4.  On 7 August 2006, the NPRC notified the applicant that his official record was presumed destroyed by fire in July 1973.  He was advised that there are alternate records sources that often contain information which can be used to reconstruct service record data lost in the fire; however, complete records cannot be reconstructed.  NPRC was unable to verify the applicant's entitlement to the Purple Heart.


5.  On 25 November 2005, the applicant was again notified that his official record was presumed destroyed by fire in July 1973.  NPRC provided the applicant a NA Form 13038 certifying his military service.

6.  The applicant served in the Army of the United States from 16 March 1943 through 18 January 1946.  The only official document available for review was his War Department Form 372A (Final Payment-Work Sheet) which shows his mustering-out payment on 18 January 1946.  In addition to his accrued base and longevity pay, he received foreign service pay and combat infantryman pay.

7.  The U.S. National Archives and Records Administration file on the applicant does not provide any pertinent details on whether he was wounded in action during World War II.

8.  In a letter to his State Representative, the applicant indicated that he has been attempting to receive Department of Veterans Affairs (DVA) benefits since December 2005, but has been denied based on his income.  However, as a Purple Heart veteran that restriction does not apply and he should qualify for benefits.  He states that his discharge papers were lost years ago and he could only obtain a Certificate of Service from NPRC, but not record of his Purple Heart award.  He contends he was wounded in April 1945 as a member of the 333rd Regiment, 84th Infantry Division as his unit advanced toward the Elbe River in Germany.  Other than shrapnel in his chest and right hand, he has no verification of his Purple Heart Award.   

9.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  On two occasions the NPRC advised the applicant that his official service records were not available for review.  Attempts at reconstructing his record from different sources did not provide any new documents.


3.  The applicant indicates that he lost his copy of his service records many years ago.  He did not even have a copy of his discharge document which could have provided additional evidence regarding his service during World War II.

4.  In order to be awarded the Purple Heart, the applicant must show evidence that his alleged wounds or injuries were sustained as a result of hostile action or show that he was treated for wounds sustained as a result of hostile action.  Other than the applicant's statement that he has shrapnel in his chest and right hand, there is no supporting evidence in his record to corroborate his contentions.  

5.  In the absence of the evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 January 1946, the date of his separation from active duty.  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.  There is no time limit on submission of requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__kan___  __lvd___  __dkh___  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.



						Kathleen A. Newman
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060012325
SUFFIX

RECON

DATE BOARDED
20070320
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.