RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 October 2007
DOCKET NUMBER: AR20070012330
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. Rial D. Coleman
Analyst
The following members, a quorum, were present:
Ms. Susan A. Powers
Chairperson
Mr. Edward E. Montgomery
Member
Mr. Qawiy A. Sabree
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 was wounded while serving overseas in the Army during World War II.
3. The applicant provides a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), WD AGO 55 (Honorable Discharge from the United States Army and Enlisted Record), Department of Veterans Affairs Disability Rating Decision, AG Form 92 (Extract from Sick Reports), extracts from his medical record, two witness statements, and a copy of the response to his initial request from the Army Board for Correction of Military Records.
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 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 applicants 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.
3. The applicant's WD AGO Form 55 shows he enlisted in the Army of the United States and entered active duty on 12 September 1936 and was honorably discharged on 11 September 1939.
4. The applicant's WD AGO 53-55 shows he enlisted in the Army of the United States and entered active duty on 22 December 1941 and his military occupational specialty (MOS) was 238 (Lineman). He completed 10 months and 10 days of continental service and 3 years and 5 days of foreign service. He was honorably discharged on 6 November 1945.
5. Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows credit for participation in nine campaigns
6. Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 does not show the applicant was awarded the Purple Heart.
7. Item 34 (Wounds Received in Action) of the applicant's WD AGO 53-55 contains the entry "None."
8. The Department of Veterans Affairs Disability Rating Decision, which was provided by the applicant, upgrades the severity of his ankle injury from 0 percent disabling to 20 percent disabling. This document does not mention any circumstances about the manner in which he was injured.
9. Records show two medical documents that indicate the applicant was injured when a jeep that he was riding in overturned on a slippery road.
10. Statements from the applicant's former unit members each show, in effect, that he was injured in a vehicular accident when a jeep that he was riding in overturned on a slippery road.
11. There is no evidence in the available records which shows 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.
12. 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 military medical personnel, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to the award of the Purple Heart due to injuries he received during hostile actions was carefully considered and determined to be without merit.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_SAP___ __EEM__ _QAW___ 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.
__Susan A. Powers____
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.
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