IN THE CASE OF:	  

		BOARD DATE:	  14 July 2009

		DOCKET NUMBER:  AR20090004662 


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, the records of her deceased father, a former service member (FSM), be corrected to show award of the Purple Heart as a result of wounds he received and other awards he earned in service during World War II (WWII).

2.  The applicant states that her deceased father was a WWII veteran, but his discharge document does not reflect all his awards, decorations, medals, citations, or wounds received in service.

3.  The applicant provides a copy of the FSM’s certificate of death, dated 2 June 2005; a copy of the FSM's Honorable Discharge Certificate, dated 9 February 1945; and a copy of the FSM's Enlisted Record, dated 9 February 1945, in support of her request.

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 FSM’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 FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53 (Report of Separation) shows he was inducted into the Army of the United States on 26 June 1943 and entered active military service at Fort Jackson, South Carolina, on 12 July 1943.  This form also shows that at the time of his separation, the FSM held military occupational specialty 590 (Laborer) and was assigned to the 4013th Quartermaster Truck Company.

4.  The FSM’s WD AGO Form 53 does not show he departed the United States during his military service or participated in the European-African-Middle Eastern theater of operations, the Asiatic-Pacific theater of operations, or any other overseas theater.  He completed 1 year, 7 months, and 14 days of continental service with no foreign service.  He was discharged on 9 February 1945 and issued a Certificate of Disability for Discharge on 9 February 1945.

5.  Item 32 (Military Qualifications and Date) of the FSM’s WD AGO Form 53 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (O-3) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

6.  Item 33 (Battles and Campaigns) of the FSM’s WD AGO Form 53 shows a blank entry.

7.  Item 34 (Decorations and Citations) of the FSM’s WD AGO Form 53 does not show award of the Purple Heart or any other awards/decorations.

8.  Item 35 (Wounds Received in Action) of the FSM’s WD AGO Form 53 contains the entry, "None."

9.  A WD AGO Form 40 (Certificate of Disability for Discharge) shows the FSM was discharged due to a nervous disorder that manifested itself in May 1944.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows campaign credit for unit's serving during WWII.  This document shows that the 4013th Quartermaster Truck Company was credited with participation in the Western Pacific (Ground) campaign, which began on 15 June 1944.

11.  Technical Manual 12-236, in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the WD AGO Form 53.  It states that item 35 of the WD AGO Form 53 will show the date wounded and theater.

12.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states, in pertinent part, that the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the records of her deceased father should be corrected to show award of the Purple Heart and all other awards and decorations he earned as a result of being a WWII veteran.

2.  The evidence of record shows that the FSM served a qualifying period for award of the WWII Victory Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows that the FSM completed or served within the continental United States for a period of 1 year, 7 months, and 14 days; therefore, he served a qualifying period for and is entitled to award of the American Campaign Medal and correction of his records to show this award.

4.  With respect to award of the Purple Heart, there is no evidence that the FSM served in any theater outside the continental limits of the United States during WWII.  His WD AGO Form 53 shows his unit as the 4013th Quartermaster Truck Company.  Department of the Army Pamphlet 672-1 shows that this unit was credited with participation in the Western Pacific (Ground) campaign, which began on 15 June 1944.  However, the FSM was discharged due to a disability that manifested itself in May 1944, which, in the absence of evidence to the contrary, tends to confirm that the FSM did not serve overseas.

5.  In addition, there is no evidence in the FSM's reconstructed records that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows that the FSM sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the WWII Victory Medal and the American Campaign Medal to his WD AGO Form 53.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090004662



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ABCMR Record of Proceedings (cont)                                         AR20090004662



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