RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 December 2007
DOCKET NUMBER: AR20070009472
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Ms. Jeanette R. McCants
Member
Mr. Jerome L. Pionk
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 correction of his military records to show award of the Purple Heart for wounds received on 9 December 1944.
2. The applicant states, in effect, that he was wounded on the 8th and 9th of December 1944. He further states that these wounds were received in two separate incidents and he should be awarded an Oak Leaf Cluster for the second wound.
3. The applicant provides copies of all documents submitted with his first Purple Heart recommendation, a copy of a sworn statement from another Soldier, and documents from his personal records and books.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 18 November 1942, the applicant enlisted in the Army of the United States. He served through a series of enlistments and was retired for length of service on 30 April 1975. He had attained the rank of command sergeant major, pay grade E9, and had completed 28 years, 6 months, and 28 days of creditable active service.
3. Item 40 (wounds) of the applicant's Enlisted Qualification Record (DA Form 20) shows that he received a concussion and shrapnel wounds to his back and legs on 19 August 1950. Item 41 (Awards and Decorations) of the same form shows that he was issued a Department of the Army Letter dated 23 July 1952, awarding him the Purple Heart.
4. On 11 December 1999, The Adjutant General, United State Army, issued a DD Form 215, correction to the applicant's separation document effective
21 December 1945, showing that he was awarded the Purple Heart with one Oak Leaf Cluster.
5. Available records contain six separation documents from 21 December 1945 [corrected to add the Purple Heart with one Oak Leaf Cluster] through 30 April 1975. The separation document for the applicant's period of service from
7 November 1949 to 6 November 1956 is not available. The separation documents for the periods from 9 May 1966 to 8 August 1969 and 9 August 1973 to 30 April 1975; show award of one Purple Heart.
6. 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. The available evidence shows that the applicant was awarded a Purple Heart with one Oak Leaf Cluster for wounds received during the period from
18 November 1942 to 21 December 1945.
2. The separation document for the applicant's period of service that included when he was wounded on 19 August is not available. However, two of his subsequent separation documents show that he was awarded one Purple Heart. These documents were issued prior to the correction of his 1945 separation document in 1999.
3. Therefore, it appears that the applicant was awarded a Purple Heart for wounds received on two occasions during World War II (most likely for 8 and
9 December 1944) and on one occasion during the Korean War (19 August 1950).
4. In view of the above, the applicant's DD Form 214, issued at the time of his retirement on 30 April 1975, should be corrected to show award of the Purple Heart with two Oak Leaf Clusters.
BOARD VOTE:
_JLP____ __JRM__ __RTD__ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, effective
30 April 1975, that his authorized awards include two Oak Leaf Clusters affixed to his already-awarded Purple Heart.
__ Richard T. Dunbar_____
CHAIRPERSON
INDEX
CASE ID
AR20070009472
SUFFIX
RECON
DATE BOARDED
20071220
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0015
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6.
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