IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080012573 


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, that the Purple Heart (PH) be added to his separation document.

2.  The applicant states, in effect, that between 26 April and 29 May 1945, he was wounded by shrapnel from a mortar round near “Looc on Negros Oriental Island” during the Battle for the Palimpinon Heights in Southern Philippines.  The enemy explosion and although he reported the wound to his platoon leader, it was never reported to the company commander.  Consequently, he was never recommended for or cited for having been wounded in combat.  The fact that the acting platoon leader and senior enlisted tossed off his injury as insignificant and unworthy to report is an unjust act.  The applicant was treated and his wounds were dressed in the field.  He further states that as a result of the senior enlisted person’s failure to report or notify his combat-related wound, it was not recorded in the unit’s after action report.  

3.  The applicant provides a copy of his separation document (WD AGO Form 53-55); and the first page of a letter from his paternal nephew, dated 5 May 2008.

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.  This case is being considered using reconstructed records, which primarily consist of the applicant’s separation documents that was provided by the applicant.  

3.  The FSM's separation document shows that he was inducted into the Army of the United States on 14 April 1943 and entered active duty on 21 April 1943.  He was trained in and awarded military occupational specialty (MOS) Surgical Technician (861).  The highest grade he attained was Technician 5th Grade.  The applicant was honorably discharged on 26 January 1946, after serving 2 years, 9 months, and 6 days of active duty service.  The applicant’s separation document shows that he was awarded the Army Good Conduct Medal, Bronze Star Medal, the Asiatic-Pacific Campaign Medal, World War II Victory Medal, Combat Medical Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Philippine Liberation Ribbon with 1 bronze service star.  The PH is not included in the list of awards on his separation document.

4.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action, that the wound required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.






DISCUSSION AND CONCLUSIONS:

1.  The contentions of the applicant were carefully considered and found to be insufficient in evidence.  By regulation, in order to support award of the PH, there must be evidence that a member was wounded or injured as a result of enemy action, that the wound required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  In this case the Purple Heart is not included in the list of awards contained on the applicant's separation document, which he authenticated with his signature on the date of his discharge.  In effect, his signature and thumbprint was his verification that the information contained on the WD AGO Form 53-55, to include the list of awards, was correct on the date the separation document was prepared and issued.

3.  In addition, the applicant's available record is void of any orders or other documents that indicate he was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty.  

4.  Therefore, absent any evidence of record confirming the applicant's wound was received as a result of enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  

5.  The sincerity of the applicant’s claim of entitlement to the Purple Heart is not in question.  However, the available evidence does not confirm that the applicant was wounded or injured while engaged in combat.  Therefore, based on the available evidence, there is insufficient evidence upon which to base award of the Purple Heart in this case.

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 to know that the sacrifices he made in service to the Nation are deeply appreciated.  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)                                         AR20080012573



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ABCMR Record of Proceedings (cont)                                         AR20080012573



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