RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 August 2007
	DOCKET NUMBER:  AR20070000589 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. Michael J. Flynn  

Chairperson

Mr. Larry W. Racster  

Member

Mr. Donald W. Steenfott

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, in effect, that he sustained wounds after the tank he was riding on hit a land mine and he was hospitalized for one week on Mindanao Island.

3.  The applicant provides a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 17 November 1946, the date of his separation from active duty.  The application submitted in this case is dated 28 December 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.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered active duty on 27 October 1944 in military occupational specialty (MOS) 345 (Light Truck Driver).  

5.  This WD AGO Form 53-55 shows the applicant was awarded the Combat Infantryman Badge.
6.  The applicant's WD AGO Form 53-55 shows he completed 7 months and 12 days of continental service and 1 year, 5 months, and 9 days of foreign service.  He was honorably separated on 17 November 1946.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 does not show the applicant was awarded the Purple Heart.

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO 53-55 contains the entry "None."

9.  There is no evidence in the available records which show that the applicant sustained injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

11.  The applicant provided a WD AGO Form 38 which shows the applicant underwent a separation medical physical.  The applicant notes that the form contains the following entry "Chest affected by concussion, June 1945."  These documents do not contain evidence which shows the applicant was wounded and/or treated for wounds sustained as a result of hostile action.

15.  Army Regulation 672-5-1 (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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

16.  A review of the applicant's records indicates that the applicant is entitled to additional awards not shown on his WD AGO 53-55.

17.  Army Regulation 600-8-22 (Military Awards) 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.  The applicant's WD AGO 53-55 shows that he was awarded the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for wounds sustained in combat.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.

3.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge.  Based on the award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal and correction of his records to show this award.  

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 November 1946.  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 there are no time limitations on requests for award of the Purple Heart.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_MJF__ _  _LWR___  _DWS___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  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 to show award of the Purple Heart.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.





___Michael J. Flynn___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.