IN THE CASE OF:	

		BOARD DATE:	  28 January 2010


		DOCKET NUMBER:  AR20090014052 


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, that the records of her deceased father, a former service member (FSM), be corrected to show award of the Purple Heart.

2.  The applicant states the FSM was wounded during World War II on 10 March 1945.  She adds the FSM was awarded the Purple Heart sometime in the early 1960's; however, the FSM's discharge document does not show the award.  The applicant also requests that the FSM's records be reviewed for any other oversights or omissions.

3.  The applicant provides copies of a Western Union telegram and the FSM's discharge document.

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 service 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.  A WD Form 372A (Final Payment - Work Sheet) shows the net pay the FSM received when he was discharged on 10 December 1945.  This document fails to show that the FSM was credited with additional pay for any special skill badges or awards.  This document also shows that the FSM placed his signature on the document certifying the net pay he received.

4.  In support of the application, the applicant provides copies of the following documents:

	a.  A Western Union telegram, dated 8 April 1945, shows the FSM was seriously injured in Luzon on 10 March 1945.

	b.  A WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows the FSM was inducted into the Army of the United States on 30 July 1943, he entered active duty on 20 August 1943, and was honorably discharged on 10 December 1945.  At the time he had completed 2 years, 4 months, and 11 days of service for pay purposes.  It shows in:

		(1)  item 31 (Military Qualification and Date) the FSM was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

		(2)  item 32 (Battles and Campaigns) he was credited with participation in the Luzon, Southern Philippines, Bismarck Archipelago, and New Guinea campaigns;

		(3)  item 33 (Decorations and Citations), coupled with item 55 (Remarks), shows the Army Good Conduct Medal, Asiatic-Pacific Campaign Medal with four bronze service stars, Philippine Liberation Ribbon with two bronze service stars, World War II Victory Medal, two overseas service bars, and Army Lapel Button; and

		(4)  item 34 (Wounds Received In Action) shows the entry "None."

5.  There is no evidence in the available military service records that shows the FSM was awarded the Purple Heart.

6.  Review of the Office of the Surgeon General's Casualty Listing for World War II revealed there is no record that the FSM was wounded in action.

7.  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 Purple Heart.  It states, in pertinent part, that the Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM's records should be corrected to show award of the Purple Heart because he was injured during World War II on 10 March 1945 and he received the award in the early 1960's.

2.  The Western Union telegram that the applicant provides shows the FSM was injured in Luzon on 10 March 1945.

3.  There is no evidence in the FSM's available military service records that shows he was wounded while in action or as a result of enemy action.  In addition, the Office of the Surgeon General's Casualty Listing fails to show that the FSM was wounded in action during World War II.  Moreover, the FSM's WD AGO Form 53-55 does not show he was wounded in action or that he was awarded the Purple Heart.

4.  The Army regulatory guidance governing the criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

5.  The sincerity and authenticity of the applicant's comments that the FSM received the Purple Heart in the early 1960's are not in question.  However, based on the available evidence, there is insufficient evidence upon which to base award of the Purple Heart in this instance.  Therefore, in view of the foregoing, there is no basis for correcting the FSM's military service records to show award of the Purple Heart.

6.  A review of the FSM's available military service records failed to reveal that the FSM's WD AGO Form 53-55 contains any oversights or omissions.

7.  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 this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the former service member in service to our Nation.  The applicant and all Americans should be justifiably proud of the former service member's 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)                                         AR20090014052



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014052



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1