IN THE CASE OF:	  

		BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20100000263 


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, correction of his Enlisted Record document to show the Purple Heart for wounds received in action on 12 January 1943.

2.  The applicant states the preparer of his Enlisted Record failed to take into account he had been wounded in action on 12 January 1943 for which he was awarded the Purple Heart.

3.  The applicant provides:

* A copy of his WD AGO Form 55 (Army of the United States Honorable Discharge Certificate)
* A copy of his Enlisted Record document
* A 1st Endorsement from an Adjutant General, dated 5 December 1955

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 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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's Enlisted Record shows he enlisted in the Army of the United States on 15 December 1939.  He served in the Asiatic-Pacific Theater of Operations from 30 December 1942 until approximately 23 March 1943 and he was honorably discharged on 23 November 1943.

4.  The applicant's Enlisted Record shows the Asiatic-Pacific Campaign Medal and the American Defense Service Ribbon in the "Decorations, service medals, citations" section.  The "Wounds received in service" section of his Enlisted Record shows the entry "None."
 
5.  In support of his claim, the applicant provided a 1st Endorsement addressed to the Adjutant General Office, Military Personnel Records Center, St. Louis, MO, from an Adjutant General, dated 5 December 1955, which states the applicant is authorized the following awards for his service from 15 December 1939 to
23 November 1943:

* Purple Heart - General Orders Number 13, Force Headquarters, dated 29 January 1943, for wounds received in action on 12 January 1943
* Army Good Conduct Medal
* American Defense Service Medal with Foreign Service Clasp
* Asiatic-Pacific Campaign Medal with two bronze service stars for the Central Pacific and Guadalcanal campaigns
* World War II Victory Medal

6.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year or continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or 


efficiency was rated below “excellent.”  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the [Report of Separation and] discharge certificate.

7.  Army Regulation 600-8-22 (Military Awards) states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The 1955 Adjutant General's 1st Endorsement provided by the applicant, which shows he was authorized the Purple Heart (per Force Headquarters, General Orders Number 13, dated 29 January 1943) for wounds received in action on 12 January 1943, is accepted as sufficient evidence to show award of the Purple Heart.  Therefore, his Enlisted Record should be corrected to show this award.

2.  Based on the award of the Purple Heart, the "Wounds received in service" section of his Enlisted Record should also be corrected.  Therefore, it would be appropriate to show the entry "12 January 1943, Asiatic-Pacific Theater of Operations."
 
3.  In addition, based on the abovementioned endorsement, the applicant's Enlisted Record should be corrected to show the Army Good Conduct Medal and the World War II Victory Medal.

BOARD VOTE:

___X___  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to the "Decorations, service medals, citations" section of his Enlisted Record the:

* Purple Heart for wounds received in action on 12 January 1943
* Army Good Conduct Medal for the period 15 December 1939 to
23 November 1943
* World War II Victory Medal

	b.  deleting from the "Wounds received in service" section of his Enlisted Record the entry "None" and replacing it with the entry "12 January 1943, Asiatic-Pacific Theater of Operations."



      _________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)                                         AR20090012626



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)