IN THE CASE OF:
BOARD DATE: 25 February 2010
DOCKET NUMBER: AR20090013092
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart.
2. The applicant states he did not know, until June 2009, that his Purple Heart had been omitted from his WD AGO Form 53-55. The Department of Veterans Affairs (VA) service officer informed him of the omission. The applicant cannot locate his copy of orders awarding him the Purple Heart. The applicant wants his records corrected so his Purple Heart can be shown on his bronze burial marker.
3. The applicant provides, in support of his application, copies of his WD AGO Form 53-55; a letter from the United States Postal Service, with enclosure; and a copy of a photograph of a motor vehicle license plate honoring a combat wounded veteran.
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 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 applicant's records were lost or destroyed in that fire. However, there are sufficient documents available for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 indicates that:
a. he was inducted into the Army of the United States on 11 May 1943 and he entered active duty service on 25 May 1943;
b. he was assigned to the 1180th Engineer Construction Group and he served in the Pacific Theater of Operations from 27 June 1944 to an undetermined date in June 1946;
c. he participated in the Western Pacific campaign and he was awarded the American Service Medal, Asiatic Pacific Service Medal, Philippine Liberation Ribbon, World War II Victory Medal, and the Army Good Conduct Medal;
d. he did not receive any wounds while in action; and
e. he was honorably discharged on 2 February 1946 in the rank of technician fourth grade.
4. 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.
5. A letter provided by the applicant, from the United States Postal Service, with enclosure, indicates he was awarded the Purple Heart. He also provided a copy of a photograph of a motor vehicle license plate honoring a combat wounded veteran.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53-55 should be corrected to show that he was wounded in action and was awarded the Purple Heart.
2. The evidence provided by the applicant clearly indicates that he was recognized by the United States Postal Service as having received an award of the Purple Heart. The picture of the license plate indicates that a veteran was honored for being wounded, but does not show that veteran to be the applicant.
3. Unfortunately, the applicant's military records are no longer available for review. Without official records to corroborate the applicant's evidence, this correction to his discharge document cannot be made. Since he cannot locate a copy of the Purple Heart award orders at his home, it is suggested that he search the unit records at the National Archives, located at College Park, Maryland, for a copy of his Purple Heart award orders.
4. 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.
5. In view of the foregoing, the applicant's request should be denied.
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) AR20090013092
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ABCMR Record of Proceedings (cont) AR20090013092
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