IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090008993
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, the brother of a deceased former service member (FSM), requests correction of his late brother's records to show that he was awarded the Purple Heart.
2. The applicant states that he believes the FSM's records are incorrect because they do not show that he was wounded in action in Burma.
3. The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), two witness statements, and a copy of a newspaper article with a picture regarding military awards 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 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 FSMs military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the FSMs records were lost or destroyed in that fire. This review is based primarily on the FSMs WD AGO Form 53-55.
3. The FSMs WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 25 January 1943 and entered active duty on 1 February 1943.
4. The FSM's WD AGO Form 53-55 also shows in item 36 (Service Outside Continental U.S. and Return) that he served in India-Burma from 28 October 1943 through 8 May 1945.
5. Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows that he participated in the Central Burma-India Burma campaign.
6. The FSMs WD AGO Form 53-55 shows that on 3 November 1945 he was honorably discharged after completing a total of 2 years, 9 months, and 3 days of active military service. He was awarded the Combat Infantryman Badge, the Asiatic-Pacific Theater Ribbon with three bronze service stars, the Army Good Conduct Medal, and the Distinguished Unit Badge.
7. Item 33 (Decorations and Citations) of the FSMs WD AGO Form 53-55 does not show award of the Purple Heart and item 34 (Wounds) contains the entry "none" for wounds received in action.
8. The FSM's available records contain a memorandum from the National Personnel Records Center, Military Personnel Records, St. Louis, MO, dated 8 November 2004, which states that the FSM was entitled to award of the Bronze Star Medal, Army Good Conduct Medal, Presidential Unit Citation, Asiatic-Pacific Campaign Medal with three bronze service stars, World War II Victory Medal, Combat Infantryman Badge (1st Award), Honorable Service Lapel Button
(World War II), and Sharpshooter Marksmanship Qualification Badge with Carbine Bar. The memorandum does not list the Purple Heart.
9. The applicant provides two witness statements from former Soldiers who state that the FSM was injured on 26 January 1945 when a piece of shrapnel struck his big toe.
10. The applicant submitted an undated copy of a newspaper article and a photograph pertaining to the FSM's award of a Presidential citation for honor and distinction in service.
11. 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. Witness statements and newspaper articles by themselves are not sufficient evidence upon which to base a correction of the FSM's records. There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such a wound in 1945. In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for such a wound, there is insufficient evidence upon which to base award of the Purple Heart.
2. While the decision of the ABCMR in this case is not favorable, the FSM's brother, his fellow veterans, and all others concerned should know that this action in no way diminishes the heroism and sacrifice made by the FSM in his service to the United States of America.
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) AR20090008993
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ABCMR Record of Proceedings (cont) AR20090008993
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