IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080015498 


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 he be awarded the Purple Heart. 

2.  The applicant essentially states that he sustained a shrapnel wound to his face during World War II. 

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), a two-page undated self-authored letter, a certificate showing that he was awarded the Bronze Star Medal, an undated request to the Army Reserve Personnel Center in which he requested any and all medals and awards that he is entitled to, and a letter, dated 18 November 2008, from the American Legion in support of this 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the applicant was inducted into the Army of the United States on 2 October 1944.  After completing initial entry training, he departed the continental United States in February 1945 for the Pacific Theater of Operations.  He participated in the Southern Philippines campaign, and returned to the continental United States on 23 September 1946.  He was honorably discharged in November 1946.  The WD AGO Form 53-55 that was issued to him at the time of discharge essentially shows that he was awarded the Good Conduct Medal, the World War II Victory Medal, the Army of Occupation Medal with Japan Clasp, the Asiatic-Pacific Campaign Medal with One Bronze Service Star, the Philippine Liberation Ribbon with One Bronze Service Star, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Carbine Bar.  The available records also show that he was awarded the Bronze Star Medal based on his award of the Combat Infantryman Badge in July 1955.

4.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 does not show that he was awarded the Purple Heart.  Item 34 (Wounds Received in Action) of this same document contains the entry "None."  The applicant authenticated this document with his signature in item 56 (Signature of Person Being Separated), attesting to the accuracy of the information contained on this form.  There is also no evidence in the available records which shows that he was ever wounded or injured as a result of hostile action.

5.  The applicant provided an undated self-authored statement, in which he essentially stated that he saw 54 days of combat on an island in the Philippines during World War II.  He also stated that he was hit by a piece of shrapnel about the size of a penny between his nose and upper lip, and that he removed it himself because it was really hot.  He further stated that he has a small scar, but that he did not go to a medic because he thought he could take care of the wound himself, and also thought that the medics would be tending to Soldiers with a greater need than himself at the time.  

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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.  Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire; the wound or injury must have required treatment by military medical personnel; and the record of medical treatment must have been made a matter of official Army records.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  The evidence provided by the applicant was carefully considered.  However, 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.

3.  By his own admission, the applicant acknowledged that he treated his alleged wound himself, which shows that he failed to be treated by medical personnel for a wound as a result of hostile action, and that medical treatment was not made a matter of official record, which are two of the three key requirements for award of the Purple Heart that must be met.  

4.  The sincerity of the applicant's claim to entitlement to award of the Purple Heart is not questioned.  However, absent evidence which proves, by a preponderance of the evidence, that he was wounded or injured as a result of hostile action, that he was treated by medical personnel for wounds or injuries that were sustained as a result of hostile action, and that this medical treatment was made a matter of official record, regrettably, there is insufficient basis upon which to award him 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 concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his honorable 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)                                         AR20080015498



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ABCMR Record of Proceedings (cont)                                         AR20080015498



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