RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070008722 


	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

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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 confirmation that he was awarded the Purple Heart.

2.  The applicant states that he was injured while he was disarming a Japanese mine, in 1947, when he was in Japan and that he was awarded the Purple Heart. He states, in effect, that in a previous application for confirmation that he was awarded the Purple Heart, his injuries were declared accidental.

3.  The applicant provides in support of his application, a letter addressed to him from the Chief, Military Awards Branch, dated 14 May 2007; a letter addressed to him from Chief, Military Awards Branch, dated 27 December 2006; an undated letter authored by him, addressed to the Chief, Military Awards Branch; a letter dated 6 September 2006, addressed to the Total Army Personnel Command (PERSCOM); a copy of his Honorable Discharge Certificate; and a copy of his Separation Qualification Record (WD AGO Form 100).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents that were obtained from alternate sources to conduct a fair and impartial review of this case.





3.  The applicant enlisted in the Army in Philadelphia, Pennsylvania, on 14 June 1946 and he successfully completed his training as a demolition specialist.  He departed for the Pacific Theater of Operation (PTO) on 15 November 1946.  He returned to the continental United States on 10 October 1947.

4.  After completing 1 year, 4 months, and 2 days of net active service, he was honorably discharged on 15 October 1947.  The Enlisted Record and Report of Separation (WD AGO Form 53) that he was furnished at the time of his discharge shows his organization as Headquarters Troop, 8th Calvary Regiment, 1st Calvary Division.  His WD AGO Form 53 also shows that he was awarded the World War II Victory Medal, the Army of Occupation Medal with Japan Clasp and that he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  On the applicant's WD AGO Form 53 the word "None" is reflected in item number 34 (Wounds Received in Action).

5.  On 6 September 2006, the applicant contacted PERSCOM requesting confirmation that he was awarded the Purple Heart for injuries that he received while disposing of Imperial Japanese Army munitions during the occupation of Japan.  In his notification, he states that while disarming a Japanese Army 
Teller-type mine, the detonator of an anti-lifting device exploded, injuring his right eye and lacerating his face.  He states that he was rushed to the Armed Forces 49th General Hospital in Tokyo and that prompt treatment by Army doctors saved his eye.  He states that he was hospitalized for a number of days; that his eye and lacerations quickly healed; and although he still has facial scars, he returned to duty.  He states that technically, his wound was not a "wound in combat" although it clearly involved World War II enemy munitions.  He states that award the Purple Heart Medal followed his return to duty.  The applicant informed PERSCOM that the objective of his request is to support his eligibility for Veterans pharmaceutical benefits.

6.  In a letter to the applicant dated 27 December 2006, the Chief, Military Awards Branch, informed the applicant that, based on his own account of the incident, a determination was made that his injuries were the result of an accident.  The Chief, Military Awards Branch, informed the applicant that the Purple Heart is not awarded for accidental injuries.

7.  In an undated letter addressed to the Chief, Military Awards Branch, the applicant expressed his disagreement with the information contained in the letter dated 27 December 2006.  In a letter dated 14 May 2007, the Chief, Military Awards Branch informed the applicant of his right to submit an appeal to this Board.

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 by military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records fail to confirm that the applicant was ever awarded the Purple Heart.

2.  His contentions have been noted.  However, based on the statements made in his application, he is not entitled to award of the Purple Heart.  There is no evidence in the available records, nor has the applicant submitted any evidence that shows that he sustained a wound as a result of hostile action.  

3.  His WD AGO Form 53 specifically indicates that he was not wounded in action while he was in the Army.  In the absence of evidence to the contrary, it must be presumed that he was not awarded the Purple Heart.

4.  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 has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LDS__  __RSV___  __SWF__  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

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.




___Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20070008722
SUFFIX

RECON

DATE BOARDED
20071025
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS AND DECORATIONS
2.  61
107.0015/PURPLE HEART
3.

4.

5.

6.