,
		IN THE CASE OF:	

		BOARD DATE:	 23 October 2008 

		DOCKET NUMBER:  AR20080011814 


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 records be corrected to show the award of the Purple Heart. 

2.  The applicant states he was stationed in the western part of New Guinea from approximately January 1944 to December 1945.  During that time he was wounded in February or March.  He states that the injury occurred while he was crossing a river during a military operation.  There was a wire below the water that was waist deep which he struck with his left leg.  His buddy pulled him down, which caused the injury to his left leg.  He was medically evacuated to the  
23rd Field Hospital, but he was only hospitalized long enough for his leg to be stitched and then he was returned to duty.  He recently filed a claim with the Department of Veterans Affairs and that is when he remembered the injury and not being recognized for it with the award of the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); self-authored statement, dated 20 June 2008; an Army of the United States Honorable Discharge Certificate, dated 22 January 1946; and WD AGO Form 100 (Army of the United States Separation Qualification Record), dated 22 January 1946, in support of his 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 records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Board 
were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s WD AGO Form 53-55 and WD AGO Form 100.  

3.  The applicant's reconstructed record shows he was inducted into the Army of the United States on 8 March 1943 and entered active duty on 15 March 1943.  He completed the necessary training and was awarded the military occupational specialty (MOS) 164 (Pipe Fitter).

4.  He served in the Asiatic-Pacific Theater during the period from 28 February  
1944 to 12 December 1945.  He was honorably discharged from active duty on 22 January 1946.  He completed 2 years, 9 months, and 15 days of Total Length of Service.

5.  Item 33 (Decorations and Citations) shows the applicant was awarded the Philippine Liberation Medal with 1 bronze service star, the Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  However, it does not show he was awarded the Purple Heart.

6.  Item 34 (Wounds Received in Action) contains the entry "None."

7.  There are no medical records in the applicant's reconstructed record to show he sustained wounds as a result of hostile action or to show he was treated for wounds sustained as a result of hostile action.


8.  There are no general orders in the available records to show the applicant was awarded the Purple Heart.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to an award of the Purple Heart.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his available records which shows he was wounded or injured as a result of hostile action or treated by medical personnel for his wounds.

3.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement; therefore, the applicant is not entitled to award of the Purple Heart.

4.  The applicant's statement was considered.  However, there is insufficient evidence to award the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  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 our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20080012825



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ABCMR Record of Proceedings (cont)                                         AR20080011814



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