IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080019165
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 award of a second Purple Heart.
2. The applicant states he was wounded twice while on active duty, once in Normandy and again in Germany.
3. The applicant provides a copy of his 1945 WD AGO Form 53-55 (Enlisted Record and Report of Separation/Honorable Discharge) and a copy of a 1963 statement from the New York Veterans Administration Regional Office confirming his entitlement to service connected disability.
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 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 to conduct a fair and impartial review of this case.
3. The applicants WD AGO Form 53-55 indicates he was inducted into the Army of the United States on 3 July 1942 and entered active duty on 17 July 1942. He arrived in the European theater of operations on 11 October 1942 and returned to the United States on 14 September 1945. He was honorably discharged on
20 September 1945.
4. Item 34 (Wounds Received in Action) on his 1945 WD AGO Form 53-55 notes the applicant was wounded on 30 August 1944 and item 33 (decorations and citations) shows award of one Purple Heart. There were no medical records available for review.
5. The 1963 statement from the Veterans Affairs Regional Office notes the applicant was in receipt of disability compensation on account of service connected disability but the statement does not indicate the basis of the disability nor confirm the applicant was wounded as a result of hostile 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. Unfortunately there is no evidence, and the applicant has not provided any, which confirms he was wounded a second time as a result of hostile action during World War II. In the absence of such evidence, there is no basis for an additional award of the Purple Heart.
2. 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 the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
4. The applicant and all others concerned should 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.
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) AR20080019165
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ABCMR Record of Proceedings (cont) AR20080019165
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