RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2008
DOCKET NUMBER: AR20070015985
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Carmen Duncan
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jeffrey C. Redmann
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, as the daughter of a deceased former service member (FSM), requests that the FSMs discharge document be amended to add the Purple Heart.
2. The applicant states that there is a picture of the FSM wearing the Purple Heart. Newspaper articles show he was in Walter Reed Hospital. He was a guard in the Canal Zone.
3. The applicant provides a photograph of her father wearing the Purple Heart; her birth certificate; copies of two newspaper articles; and the FSMs death certificate.
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 FSMs 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 FSMs records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM was inducted into Army on 28 September 1942. He arrived in the Canal Zone on 4 November 1942 and departed the Canal Zone on 12 April 1943.
4. The applicant provided a copy of a newspaper article that states the FSM was injured while on Army duty on 7 April (1943).
5. The applicant was honorably discharged on 10 August 1943. His Honorable Discharge document shows he did not participate in any battles, engagements, skirmishes, or expeditions. It shows he was not awarded any decorations, service medals, or citations. It shows that he received no wounds in service.
6. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a copy of a newspaper article that stated the FSM was injured while on Army duty on 7 April (1943) and a copy of a photograph of the FSM wearing the Purple Heart. However, the newspaper article does not indicate how the FSM was injured. His Honorable Discharge document indicates he was not wounded.
2. Regrettably, there is insufficient evidence on which to base adding the Purple Heart to the FSMs Honorable Discharge document.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__cd____ __lmd___ __jcr___ 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.
____Carmen Duncan_____
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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