DOCKET NUMBER: AR20090003388
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, the Purple Heart (PH).
2. The applicant states, that he was wounded in the Philippines during World War II and he still has shrapnel in his leg.
3. The applicant provides no additional documentary evidence in support of his 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 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 applicant's complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records that consist of partially legible pages from his Service Record and his WD AGO Form 53-55, which remain in the NPRC file.
3. The applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army on 5 August 1942, and entered active duty on the same day. He held and served in military occupational specialty (MOS) 2736 (Tank Commander) and that staff sergeant (SSG) was the highest rank he held while serving on active duty.
4. Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 shows he earned the Combat Infantryman Badge (CIB) on 10 January 1944. Item 32 (Battles and Campaigns) shows he participated in the Aleutian Island, Luzon, Eastern Mandates, Southern Philippines campaigns of WWII, and Item 33 show he earned the following awards during his active duty tenure: The Philippines Liberation Ribbon with 2 bronze stars, the Asiatic Pacific Campaign Medal, the WWII Victory Medal and the Good Conduct Medal. The PH is not included in the list of awards in Item 33, and Item 34 (Wounds Received in Action) contains the entry "None." The separation document further shows the applicant was honorably separated on 17 October 1945, after completing a total of 3 years,
2 months and 12 days of active military service.
5. There are no medical treatment or hospitalization records in the available NPRC file that indicate the applicant was ever treated for a combat-related wound or injury while serving on active duty.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and that a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to the PH based on being wounded in action in World War II was carefully considered. However, there is no available documentary evidence in the NPRC file that confirms the applicant was wounded in action, or that verifies that he was ever treated for a combat related wound or injury by military medical personnel.
2. The applicants WD AGO 53-55 does not show award of the Purple Heart and item 34 (Wounds Received in Action) contains the entry None. As a result, there is an insufficient evidentiary basis to support award of the Purple Heart.
3. The applicant should know that this action is based solely on the lack of documentary evidence satisfying the regulatory burden of proof necessary to support award of the PH, and in no way diminishes the sacrifices he made 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 related to award of the Purple Heart. 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.
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