RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 January 2008
DOCKET NUMBER: AR20070011128
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. Rene R. Parker
Analyst
The following members, a quorum, were present:
Mr. Frank Jones
Chairperson
Ms. LaVerne Douglas
Member
Mr. Michael Flynn
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 does not provide a statement.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation), Honorable Discharge Certificate, a statement from the Department of Veterans Affairs (VA), and copies of two medical forms.
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. The applicants military records are not available to the Army Board for Correction of Military Records (ABCMR) for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining for the ABCMR to conduct a fair and impartial review of this case.
3. Records available to the Board show that the applicant was inducted into the Army on 20 January 1943 and entered active duty on 27 January 1943. The applicant was honorably discharged on 23 November 1945.
4. The applicant provided copies of two medical forms that show he was admitted to the hospital on 24 September 1945 and released to duty on
5 October 1945. He was diagnosed with Otitis media left acute, a type of ear infection, and was treated with penicillin.
5. A statement from the VA states that the applicant was wounded at Aora Bay, New Guinea in July, August, and September 1943 by Japanese bombers and was hospitalized for 6 to 10 days.
6. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he received battle and or campaign credit for New Guinea, South Philippines, and Luzon. The word "None" is listed in "Wounds received in action" in Item 34 on this form.
7. The National Archives and Records Administration found two SGO (Office of The Surgeon General) files containing information on the applicant. One file shows that the applicant was admitted to the hospital on 17 September 1944 for a fever of unknown origin. The type of diagnosis was listed as sole diagnosis, no history of prior disease, injury or battle casualty. The other SGO file shows that the applicant was admitted to the hospital on 25 September 1945 for a period of 10 days for Otitis media acute or unqualified as to acute or chronic. His treatment was listed a penicillin therapy.
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:
The SGO files show that the applicant was admitted to the hospital on two separate occasions, 17 September 1944 for a fever and 25 September 1945 for an ear infection. There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in WWII. Therefore, in the absence of medical records supporting the applicant's contention, there is an insufficient basis for award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__FJ____ __LD____ ___MF __ 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.
______Michael Jones________
CHAIRPERSON
INDEX
CASE ID
AR20070011128
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080108
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.00
2.
3.
4.
5.
6.
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