IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080008282
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 their division was engaged in intense combat on Luzon for 8 months. He was wounded when a 250-pound bomb that was planted in a garden was set off by the Japanese. Forty or more men were killed with many more receiving shrapnel wounds. The blast was so great it shook him. It shattered his ear drums and he could not hear anything as his ears were ringing. He was blessed to survive that encounter. They continued experiencing fierce fighting. They secured Luzon in 8 months, then they were assigned to take amphibious training in preparation for invading Japan. They were on the barges when they heard the war was over. After arriving in Tokyo, they were assigned the job of guarding Emperor Hirohitos castle. One morning he woke up with a hot fever. He stayed in the hospital for 14 days with malaria. Shortly after returning home, he had a nervous breakdown due to the malaria and his combat experiences. He is applying for Combat-Related Special Compensation (CRSC).
3. The applicant provides a self-authored letter, dated 30 December 2007; a Department of Veterans Affairs (VA) Rating Decision, dated 19 August 2004; and a Questionnaire about Military Service, dated 22 February 2006.
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, consisting only of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicants WD AGO Form 53-55 is partially illegible; however, it shows he was inducted into the Army on and entered active duty on 24 June 1944. He departed the States for the Asiatic-Pacific Theater of Operations. He arrived on an unknown date and departed the theater on an unknown date. He was discharged on 20 February 1946.
4. The applicants WD AGO Form 53-55 does not show he was awarded the Purple Heart. Item 34 (Wounds Received in Action) contains the entry, NONE.
5. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants statement has been carefully considered. Unfortunately, there is no evidence of record to show that he was wounded in action. In addition, he did not indicate in his statement that he was treated for any concussion-type injury he may have received as a result of the blast. Receiving medical treatment for wounds incurred as a result of hostile action is one of the eligibility criteria for award of the Purple Heart.
2. Regrettably, there is insufficient evidence on which to base award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ____xx__ ___xx___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _xxxx______ ___
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.
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