IN THE CASE OF:	  
		BOARD DATE:	  11 DECEMBER 2008

		DOCKET NUMBER:  AR20080012218 


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, in effect, correction to Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) to show he was wounded in the upper left hip.

2.  The applicant states, in effect, that Item 34 contains the entry “None.”  He also states, in effect, while on active duty in Charleston, South Carolina, on 12 April 1945, he was rolling barrels out of a warehouse and one derailed off the ramp, landed on him, and hurt his upper left hip.  They refused to send him to Fort Jackson because he was up for discharge and he was told he could go to any hospital.  Because he could not meet inspection, he stayed in the day room for one month.  He was supplied with a crutch and shipped to Camp Patrick Henry, Virginia, and they also refused to send him to a hospital.  Once again he was shipped and arrived at Fort Meade, Maryland, and they refused to send him to a hospital because he was not going to reenlist.  He was given yet another crutch and handed his separation papers.

3.  The applicant further states that he served his country and was told that he was not eligible for any type of benefits.  He is not educated and has had no one to help him to do the paperwork until now.  He has had a hard time holding down jobs with a disabled hip and never seemed to have the extra cash to go to the doctors.  He is 87 years old and feels that for the few years (if he is lucky) he has left, he deserves some kind of help from the country that he served.  

4.  In support of his application, the applicant provides copies of his WD AGO Form 53-55 and an article with the title, “Finding Information on Personal Participation in World War II."

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 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 applicant’s 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 available military records show he was inducted into the Army of the United States on 2 July 1942 and entered active duty on 16 July 1942.  He completed medical basic training and was awarded military occupational specialty 657, hospital orderly.

4.  The applicant's WD AGO Form 100 (Separation Qualification Record), Summary of Military Occupations section, shows he administered first aid to the sick, injured, and wounded, and assisted the medical officers and technicians in performing various medical duties.

5.  The applicant's available records contain no evidence that he was given medical treatment for wounds or injuries received in action.  

6.  Item 33 (Decorations and Medals) of the applicant's WD AGO Form 53-55 does not show he received a Purple Heart, an award normally made to Soldiers who were wounded in action against an enemy.

7.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 shows the entry, "None," and indicates the applicant was not wounded in action [as a result of hostile action] while he served on active duty.

8.  Item 36 (Service Outside Continental U.S. and Return) of the applicant's WD AGO Form 53-55 shows he had no service outside the continental United States.

9.  In his request to the Board, the applicant states the alleged incident in which he received injuries to his left hip occurred while he was on active duty in Charleston, South Carolina.

10.  The applicant was honorably discharged in the rank of private first class (PFC) on 1 February 1946.  He was credited with 3 years, 5 months, and 29 days of total active service. The applicant affixed his right thumb print to Item 54 (Right Thumb Print) and placed his signature in Item 56 (Signature of Person Being Separated) to indicate that the information recorded on the form was correct and complete to the best of his knowledge.

11.  War Department Technical Manual 12-236, in effect at the time of the applicant's service, governed the preparation of the WD AGO Form 53-55.  This technical manual stated, in pertinent part, that the date the Soldier was wounded and the theater in which he was wounded would be entered in Item 34.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The evidence shows that the applicant had no overseas service where he would have been exposed to an enemy of the United States while he was on active duty.

3.  In his request to the Board, the applicant described an incident wherein he was allegedly injured in Charleston, South Carolina.  From the applicant's own description of the incident, it appears he may have been injured accidentally.

4.  Based on the evidence in this case, there is no evidence, and the applicant has provided none to show that he was wounded or treated for wounds inflicted on him as a result of hostile action during his period of service.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080012218



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ABCMR Record of Proceedings (cont)                                         AR20080012218


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