RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2007
DOCKET NUMBER: AR20060014283
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Ms. LaVerne M. Douglas
Member
Ms. Ernestine I. Fields
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, correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Purple Heart for injuries received during World War II.
2. The applicant states that he does not have any orders showing he was awarded the Purple Heart, but does have the medal with his name inscribed on the obverse.
3. The applicant provides a copy of his Transcript from Enlisted Record (WD AGO Form 0150-4) and his Honorable Discharge Certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 16 November 1945. The application submitted in this case is dated
13 September 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 applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
4. The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 27 March 1943. His military occupational specialty was 060 (Cook). He served in the European-African-Middle Eastern Theater from 19 January 1944 to 10 April 1945. On 16 November 1945 he was honorably discharged.
5. Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated in the Ardennes, Rhineland, Normandy, and Northern France Campaigns.
6. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows that he was awarded the American Theater Ribbon (now known as the American Campaign Medal), European-African-Middle Eastern Theater Ribbon (now know as the European-African-Middle Eastern Campaign Medal) with four bronze service stars, Army Good Conduct Medal, and the World War II Victory Medal. It does not show award of the Purple Heart.
7. Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 shows "None."
8. The United States Army Surgeon General Office Hospitalization Listing for 1944, shows that the applicant was admitted in February 1944 for treatment of psoriasis. There is no evidence of any other medical treatment.
9. Army Regulation 600-8-22 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 that shows he was ever wounded or injured as a result of hostile action. There is no evidence to show that he was ever treated for any such wounds or injuries. The applicant has not provided any evidence or substantiating argument to show that he is entitled to award of the Purple Heart.
2. In view of the above, the applicant's request should not be granted.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 November 1945, the date of his separation 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. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_KLW ___ __LMD__ __EIF ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
___Kenneth L. Wright_______
CHAIRPERSON
INDEX
CASE ID
AR20060014283
SUFFIX
RECON
DATE BOARDED
20070410
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.0015
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