IN THE CASE OF:
BOARD DATE: 27 MAY 2009
DOCKET NUMBER: AR20090000383
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, as Power of Attorney of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.
2. The applicant states the FSM was wounded in combat while deployed to the Pacific Islands.
3. The applicant provides two WD AGO Forms 53-55 (Enlisted Record and Report of Separation Honorable Discharge), an Honorable Discharge Certificate, WD AGO Form 100 (Separation Qualification Record), a letter from the White House, a copy of a Commendation, an excerpt from a newspaper article, and a self - authored letter from the applicant 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 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. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The FSM was inducted on 22 December 1942 and entered active duty on
29 December 1942. He served in the Pacific Theater of Operations from
26 September 1943 through 2 January 1946 and was honorably discharged on 20 January 1946.
4. The FSMs WD AGO Form 53-55 shows the Asiatic Pacific Campaign Medal with two bronze service stars, the Good Conduct Medal, the Philippines Liberation ribbon with one bronze service star, and the World War II Victory Medal. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry none.
5. There are no orders for the Purple Heart in the available records. There is also no medical evidence in the available records which shows he was treated for wounds sustained as a result of hostile action.
6. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM is entitled to award of the Purple Heart for wounds sustained in combat.
2. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that the FSM sustained injuries as a result of hostile action or that the FSM received treatment for injuries that were sustained as a result of hostile action. Based on the forgoing, there is insufficient evidence to grant the applicants request for award of the Purple Heart in this case.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant 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.
_______ _ _XXX______ ___
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.
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