IN THE CASE OF:
BOARD DATE: 13 AUGUST 2008
DOCKET NUMBER: AR20080010152
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 that his report of separation (WD AGO Form 53-98) be corrected to reflect that he was awarded the Purple Heart for a leg wound.
2. The applicant states, in effect, that his WD AGO Form 53-98 should reflect that he was awarded a Purple Heart for a leg wound during World War II.
3. The applicant provides a copy of his WD AGO Form 53-98.
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 records, which appear to be quite complete, show that he was born on 12 August 1918 and was commissioned as a second lieutenant in the Officer Reserve Corps (now known as the United States Army Reserve (USAR)) on 1 June 1940.
3. He was ordered to active duty on 10 June 1941 and was transferred to Fort Riley, Kansas. He departed for the European Theater of Operations (ETO) on 20 August 1944 and participated in the Ardennes, Rhineland and Central Europe campaigns. He served in the ETO until 29 August 1945, when he was returned to the United States and was transferred to Fort Sheridan, Illinois.
4. On 19 October 1945, he underwent a separation physical examination and was deemed eligible for separation. There is no indication in the applicants official records to show that the applicant had been wounded during his service in the ETO.
5. On 9 December 1945, the applicant was honorably released from active duty in the rank of captain. He had served 4 years, 5 months, and 29 days of active service of which 1 year and 17 days were served overseas. He was awarded the Bronze Star Medal (for meritorious service) and the European-African-Middle Eastern Theater Ribbon with three bronze service stars.
6. In block 30 of his WD AGO Form 53-98, under Wounds Received in Action, is the entry None. The applicant authenticated that form with his signature and right thumb print.
7. The applicant continued to serve in the USAR and on 3 December 1962, he was transferred to the USAR Control Group (Retired).
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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. While the sincerity of the applicants claim that he was wounded in WWII and is entitled to the award of the Purple Heart is not in doubt, the evidence of record fails to support his claim.
2. Therefore, in the absence of evidence to show that he was wounded as a result of enemy action and that the treatment for his wounds was made a matter of record, there simply is no basis to award him the Purple Heart.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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 the applicant in service to the United States during WWII. The applicant and all Americans should be justifiably proud of his service in arms.
___ 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) AR20080010152
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