IN THE CASE OF:
BOARD DATE: 23 JUNE 2009
DOCKET NUMBER: AR20080019724
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 his records be corrected to show award of the Purple Heart
2. The applicant states his ear drum burst due to bombing by the enemy in Belgium in September 1944.
3. The applicant provides an Honorable Discharge Certificate, WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), White House Thank You note, Veterans Administration mortgage loan letter, and a WD AGO Form 100 (Separation Qualification Record) 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 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 and provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's available records show he was inducted into the Army of the United States on 1 December 1942 and he entered active duty on 8 December 1942. He was awarded military occupational specialty (MOS) 745 (rifleman) and highest rank/grade he held was private first class (PFC)/E-3.
4. The applicant's WD AGO Form 53-55 shows he served in the Asiatic-Pacific Theater from 13 August 1943 to 1 April 1944 and the European-African-Middle Eastern Theater from 3 April 1944 to 6 April 1946.
5. On 24 April 1946, the applicant was honorably discharged from active duty. He had completed 3 years, 4 months, and 17 days of active service.
6. Item 32 (Battles and Campaigns) contains the entries, "Northern France GO 33 WD 45" and "Ardennes Rhineland Central Europe GO 40 WD 45."
7. Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None."
8. The applicant's service medical records were not available for review.
9. Army Regulation 600-45 (Decorations), then in effect, governed the award of Army decorations until 23 August 1951. The regulation stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.
10. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The 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. There are no records available, to include medical records, that show the applicant was wounded or treated for wounds as a result of hostile action. The documents provided by the applicant are insufficient to support awarding him the Purple Heart.
2. Regrettably, the evidence presented is insufficient to award the applicant the Purple Heart and correct his records to show this award. Therefore, there is an insufficient 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:
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 our Nation. 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) AR20080019724
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