IN THE CASE OF:
BOARD DATE: 06 JANUARY 2009
DOCKET NUMBER: AR20080014928
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 he be awarded the Purple Heart.
2. The applicant states that in about August 1945 he was injured during a Japanese bombing attack and was evacuated to a field hospital in the Philippines. He goes on to state that he was in the hospital for about a month and was transferred to the 369th General Hospital in Saipan.
3. The applicant provides a copy of his report of separation, a transcript of military service, a copy of his Honorable Discharge Certificate, and a copy of a request for medical records.
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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was born on 20 May 1922 and was inducted on 16 March 1943. He entered active duty at Camp Upton, New York. He completed his training as a diesel engine mechanic and departed for the Asiatic-Pacific Theater of Operations (APTO) on 8 January 1944 for assignment to a combat engineer unit.
4. He served in the Ryukyus and Southern Philippines campaigns and was promoted to the rank of TEC4 on 14 September 1945. He departed the APTO on 20 December 1945 and was transferred to Fort Dix, New Jersey, where he was honorably discharged on 19 January 1946. He was awarded the Asiatic-Pacific Campaign Medal with two bronze service stars, the Good Conduct Medal, the Philippine Liberation Ribbon with one bronze service star, the World War II Victory Medal, the Army of Occupation Medal with Japan clasp and the Philippine Presidential Unit Citation. In item 34 of his report of separation, under wounds received in action, is the entry "None."
5. A review of the available records fails to show any indication that the applicant was wounded as a result of enemy action.
6. 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. While the sincerity of the applicant's claim that he was wounded/injured as a result of enemy action during WWII is not in doubt, unfortunately, there is insufficient evidence to corroborate that such was the case.
2. In order to be eligible for award of the Purple Heart, an individual must be injured as a result of enemy action and treatment for such injuries must be made a matter of record. However, the destruction of records in the 1973 fire at the National Personnel Records Center and the passage of time (63+ years) makes it difficult at best to determine what happened in the applicant's case.
3. Therefore, in the absence of evidence to show that he was injured as a result of enemy action and that treatment for those injuries was made a matter of record, there is no basis to award him the Purple Heart at this time.
4. 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
____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 the United States during World WarII. 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) AR20080014928
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ABCMR Record of Proceedings (cont) AR20080014928
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