RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 June 2007
DOCKET NUMBER: AR20070001051
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
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Ms. Sherri V. Ward
Chairperson
Mr. Richard T. Dunbar
Member
Mr. David W. Tucker
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show award of the Purple Heart.
2. The applicant states, in effect, he was issued the Purple Heart for a gunshot wound in May 1945, but the award was never recorded on his discharge papers.
3. The applicant provides a copy of a WD AGO Form 234 (Hospital Patient Status), dated 14 July 1945, a copy of his WD AGO Form 53-55, and a copy of a Western Union Telegram.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
8 February 1946. The application submitted in this case is dated 16 January 2007.
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 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 reconstructed records show that he entered active duty on
20 March 1943. He served as a 055 (Clerk General). His last significant duty assignment was with Company D, 503rd Parachute Infantry Regimental Combat Team. His WD AGO Form 53-55 shows that he served in the Asiatic Pacific Theater (Australia) during the period 29 March 1944 to 2 August 1945.
5. His WD AGO Form 53-55 shows that he was honorably discharged from active duty on 8 February 1946, due to demobilization. He had completed
2 years, 10 months, and 19 days of active service.
6. Item 32 (Battles and Campaigns) of the applicant's WD AGO Form
53-55 shows he was credited with participation in the New Guinea Luzon and South Philippines (Liberation) campaigns.
7. Item 33 (Decorations and Citations) of the applicant's WD AGO Form
53-55 shows the award of the Good Conduct Medal, American Theater Ribbon, Philippine Liberation Ribbon with Bronze Star, Distinguished Unit Badge, Asiatic Pacific Theater Ribbon, and World War II Victory Medal. However, it does not show the award of Purple Heart.
8. Item 34 (Wounds Received in Action) shows the entry "None."
9. The applicant provided a copy of a Western Union Telegram. This telegram informed the applicant's next of kin that the applicant was "slightly wounded on
3 May 1945."
10. The WD AGO Form 234 that the applicant provided shows that the applicant was diagnosed with a "gunshot wound on left side of head."
11. 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 also provides that there are no time limitations on requests for award of the Purple Heart.
12. Review of the applicant's reconstructed records does not indicate entitlement to additional awards that are not shown on his WD AGO 53-55.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his WD AGO Form 53-55 be corrected to show the award of the Purple Heart.
2. The WD AGO Form 234 and the Western Union Telegram that the applicant submitted is sufficient to award the applicant the Purple Heart for a gunshot wound to the left side of his head on 3 May 1945.
3. Records show the applicant should have discovered the error or injustice now under consideration on 8 February 1946, the date of his released from active duty. The ABCMR was not established until 2 January 1947. Therefore, 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 ABCMRs 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.
BOARD VOTE:
___svw__ ___rtd___ ____dwt_ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to 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 showing the applicant was awarded the Purple Heart for a gunshot wound received in action on 3 May 1945.
___________Sherri V. Ward_________
CHAIRPERSON
INDEX
CASE ID
AR20070001051
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070621
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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