IN THE CASE OF:
BOARD DATE: 2 February 2010
DOCKET NUMBER: AR20090013116
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), Item 34 (Wounds Received in Action) be corrected to show he was wounded as a result of shrapnel to his eyes from a bomb strike.
2. The applicant states that during the battle of Normandy, he was on guard duty when a bomb landed near him. He thought he was relatively unscathed, but later his eye started itching. Military doctors could not determine his problem; therefore, he was transferred out of his unit and assigned limited duty.
3. After a 2005 unit reunion, his former commander [now a Federal judge] arranged for him to get a Purple Heart for his wound. However, his eye wound is now causing him problems and he requires health care from the Department of Veterans Affairs (VA).
4. The applicant provides medical progress notes from the VA, dated 6 August 1992.
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 could not be located and are presumed to have been destroyed in the fire at the records repository in St. Louis, MO in 1973. However, the documents provided by the applicant are sufficient for the ABCMR to make a thorough review of this case.
3. On 6 January 1943, the applicant was inducted into the Army of the United States and he entered active duty on 13 January 1943. He was awarded the military occupational specialty of shoe repairman and he was promoted to the rank of Technician 5. He served in the Normandy, Northern France, Rhineland, and Ardennes campaigns.
4. He was honorably released from active duty on 5 December 1945. The applicant's WD AGO Form 53-55, Item 24 (Wounds Received in Action) contains the entry "None." The Purple Heart is not shown on this WD AGO Form 53-55.
5. A DA Form 1577 (Authorization for Issuance of Awards) completed by the National Personnel Records Center (NPRC) shows the awards and decorations the applicant is authorized. The Purple Heart is not amongst those awards and decorations.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53-55 should be corrected to show he was wounded as a result of shrapnel to his eyes due to a bomb strike.
2. It is unclear when the applicant discovered that he had received an eye wound. However, there is no indication that it was during or immediately following his period of active duty.
3. Without evidence to show the applicant was wounded in action there is insufficient evidence to change Item 34 of his WD AGO Form 53-55.
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) AR20090013116
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ABCMR Record of Proceedings (cont) AR20090013116
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