IN THE CASE OF:	   

		BOARD DATE:	         23 October 20080.

		DOCKET NUMBER:  AR20080007934 


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, in effect, that during World War II, he was stationed in Guadalcanal as a member of Headquarters, 2nd Battalion, 132nd Infantry Regiment in the Americal Division.  He adds that on or about 15 February 1943, his unit was subjected to heavy shelling by the enemy.  The applicant further states that while attempting to seek protective cover, he became entangled in barbed wire which caused two severe lacerations on the palm of his right hand.  He continues that medical aid consisted of medication, tightly wrapping the wound with gauze and tape, and covering the white bandages with mud to reduce visibility to the enemy.  The applicant continues that to the best of his knowledge, either no record was made of this injury or it has since been lost.  He concludes that he holds the Purple Heart very near and dear due to the fact that his brother was killed in action during the same battle.

3.  The applicant provides copies of two self-authored letters as additional documentary evidence in support of this application.

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 applicant’s 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 applicant’s 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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO 53-55 (Enlisted Record and Report of Separation) shows he enlisted in the Army National Guard on 7 February 1941 and entered active duty on 3 March 1941.  This form also shows the applicant had 5 years, 1 month, and 5 days prior service in the National Guard.  Upon completion of initial entry training, he was assigned as an Infantryman.  His military occupational specialty (MOS) at the time of separation was Administrative Noncommissioned Officer (502).  The form also shows that he served in the Asiatic-Pacific Theater of Operations for a period of 1 year, 2 months, and 27 days.  The applicant held the rank of master sergeant on the date of his separation and this was the highest rank he attained while serving on active duty.  The applicant was demobilized on 14 July 1945, after completing a total of 3 years, 1 month, and 13 days of active military service.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows he participated in the Guadalcanal campaign.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 does not show award of the Purple Heart.  Additionally, there is no indication of receipt of the Purple Heart annotated elsewhere on this form.  Item 34 (Wounds Received in Action) of this form shows "None", which indicates the applicant did not sustain any wounds in combat and the applicant authenticated this document with his signature in Item 56 (Signature of Person Being Separated) on the date of his separation.

6.  United States Medical Department Form 55A (Clinical Record Brief), dated 24 May 1943, shows the applicant was admitted to a hospital for symptoms of Malarial Fever on 8 May 1943 and returned to duty on 24 May 1943.  United States Medical Department Form 55B (Chief Complaint-Condition on Admission-Previous Personal History), shows the applicant included his brother's death at Guadalcanal in his family history.  This form also shows the applicant stated that he had no injuries prior to his admission to the hospital on 8 May 1943.  United States Medical Department Form 55C-1 (Physical Examination) shows that a physical examination conducted on the applicant on 8 May 1943 revealed no injuries or wounds.

7.  The applicant's record contains a letter from the United States Army Reserve Personnel Center, Saint Louis, Missouri, dated 4 June 1990, and addressed to him.  This letter was prepared in response to the applicant's request for information pertaining to his receipt of the Purple Heart.  This letter informed the applicant that the Purple Heart is awarded for wounds or injuries received as a direct result of hostile action.  The letter also informed him that a record of such wound or injuries must be contained in official military records.  The letter indicated that a search of these records failed to produce any evidence that the applicant received such wounds and concluded that in the absence of such evidence, there is no authority whereby he may be awarded the Purple Heart.

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 medical personnel, and the medical treatment must have been made a matter of official record.

9.  There is no evidence in the available records or the documents provided by the applicant that shows he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

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 action was carefully considered and determined to lack merit.

2.  The applicant's WD AGO 53-55 does not show award of the Purple Heart or that he sustain any wounds in combat.  The applicant authenticated this document with his signature on the date of his separation.  In effect, his signature was his verification that the information on this document, to include the list of awards and wounds, was correct at the time the separation document was prepared and issued.

3.  Documentation in the applicant's military medical record shows that when admitted to a hospital at a later date for an unrelated matter, the applicant stated he had not sustained any injuries prior to his date of admission to the hospital.

4.  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.

5.  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  __X____  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.




      _______ _  X _______   ___
               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)                                         AR20080007934



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ABCMR Record of Proceedings (cont)                                         AR20080007934



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