IN THE CASE OF:
BOARD DATE: 24 September 2009
DOCKET NUMBER: AR20090008767
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, award of the Purple Heart (PH).
2. The applicant states, in effect, that he was wounded in action by shrapnel to both legs from an artillery shell explosion while engaged in fighting while serving in Okinawa. He further states he was treated for these wounds in a field hospital.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation) 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 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 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 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 a reconstructed record that primary consists of the applicant's WD AGO Form 53-55.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 11 January 1945. He served with Headquarters and Service Company of the 43rd Engineer Construction Battalion in the Asiatic Pacific theater of operations (APTO) from 5 July 1945 through 17 September 1946. It further shows that corporal is the highest rank he held while serving on active duty.
4. Item 31 (Military Qualifications and Date) of the applicant's WD AGO
Form 53-55 shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and item 33 (Decorations and Citations) shows he earned the Asiatic-Pacific Theater Campaign Ribbon, Army Good Conduct Medal, Army of Occupation Ribbon (Japan), Victory Medal, and two overseas service bars during his active duty tenure. Item 34 (Wounds Received in Action) contains the entry "none."
5. The applicant's WD AGO Form 53-55 confirms he was honorably separated on 22 November 1946 after completing a total of 1 year, 10 months, and 12 days of active military service. The applicant authenticated the WD AGO Form 53-55 with his signature in item 56 (Signature of Member Being Separated) on the date of his separation.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. 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 a member was wounded or injured as a result of enemy action. The wound or injury for which the PH is being awarded must have required treatment by a medical officer and this treatment must be supported by medical treatment records that were made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim that he was wounded in action and is eligible for the PH was carefully considered. However, by regulation, in order to support award of the PH, there must be evidence a member was wounded/injured in action, was treated for the wound/injury by military medical personnel, and a record of this medical treatment must have been made a matter of official record.
2. The applicant's separation document does not include the PH in the list of awards in item 33. Item 34 contains the entry "none" which indicates he was never wounded in action. The available documents on file and the independent evidence provided by the applicant fail to show he was wounded in action or treated for a combat-related wound by military medical personnel while serving on active duty.
3. The applicant and all others concerned should know that this action related to award of the PH 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. 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) AR20090008767
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