IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080006166
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states that he is a combat veteran who fought for his country and was wounded in the leg and the hand during a battle in New Guinea in 1945. He believes it is only fair that his valor and wound be recognized by award of the Purple Heart.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) and a copy of his Honorable Discharge Certificate, dated 16 May 1946.
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 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 applicants 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 applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered active duty at Camp Beauregard, Louisiana, on 12 April 1944. He was trained in military occupational specialty (MOS) 014 (Automotive Mechanic). This form also shows that he was assigned to the 626th Port Company at the time of his separation.
4. The applicant's WD AGO Form 53-55 shows he served in the Asiatic-Pacific Theater from 9 December 1944 until his return to the United States on 7 May 1946.
5. The applicant's AGO Form 53-55 shows he completed 7 months and 12 days of continental service and 1 year, 5 months, and 23 days of foreign service. He was honorably discharged on 16 May 1946 by reason of demobilization.
6. Item 31 (Battles and Campaigns) of the applicants AGO Form 53-55 shows he participated in the New Guinea and Luzon campaigns during WWII.
7. Item 33 (Decorations and Citations) of the applicant's AGO Form 53-55 shows he was awarded the World War II Victory Medal, the Asiatic-Pacific Theater Campaign Medal, the Good Conduct Medal, and the Philippine Liberation Medal. Item 33 does not show award of the Purple Heart.
8. Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None."
9. The applicant's records do not contain General Orders awarding him the Purple Heart.
10. The applicants WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), dated 16 May 1946, shows the applicant was examined at Fort Bliss, Texas, prior to his discharge and that no injuries, wounds, or disabilities were noted.
11. The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds 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:
There are no General Orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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.
XXX
_______________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080006166
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ABCMR Record of Proceedings (cont) AR20080006166
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