IN THE CASE OF:
BOARD DATE: 10 MARCH 2009
DOCKET NUMBER: AR20080018811
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 the Purple Heart.
2. The applicant states, in effect, he was seriously injured in action in France on 21 August 1944 and he should have been awarded the Purple Heart. He notes it is not reflected on his Enlisted Record and Report of Separation. He states he feels he should have been awarded the Purple Heart at the time.
3. The applicant provides a copy of a Western Union telegram.
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 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 (Enlisted Record and Report of Separation Honorable Discharge) indicates he was inducted and entered active duty as an enlisted Soldier on 27 January 1943. He arrived in the European Theater of Operations in April 1944 and returned to the United States in October 1945.
4. The applicant was released from active duty on 28 October 1945. His WD AGO Form 53-55 does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects NONE.
5. There were no service medical records available to the Board.
6. The copy of the Western Union telegram provided by the applicant is dated Sep 22 and states regret to inform you your son was seriously injured in action in France twenty one August
. While the message contains the name of the injured Soldier it does not reflect a serial number or other identifying information beyond the injured Soldiers name.
7. 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, while the telegram contains the name of the injured Soldier there is no other identifying information contained in the message to establish with some measure of certainty that the message was in fact associated with the applicant.
2. In the absence of other evidence, such as extent medical documentation, the telegram alone is not a sufficient basis on which to base an award of the Purple Heart.
3. 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.
4. In view of the foregoing, there is no 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:
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.
_______ _ 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) AR20080018811
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ABCMR Record of Proceedings (cont) AR20080018811
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