BOARD DATE:	  5 Aug 2010

		DOCKET NUMBER:  AR20100007854 


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 award of the Purple Heart.

2.  The applicant states that:

* he was in a plane crash in August 1945 and hospitalized in Okinawa, Japan for 4 months
* at the time of his release from the hospital he was told to go home, but he went back with his group
* he left the area before being awarded the Purple Heart he should have received

3.  The applicant provides no documents in support of his 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 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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the NPRC reconstructed record.

3.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted into the Army of the United States and he entered active service on 2 February 1943.  He continued to serve until he was honorably discharged on 20 February 1946 at the convenience of the Government by reason of demobilization.  It also shows he held military occupational specialty (MOS) 559 (Glider Mechanic) and he served in the Asiatic Pacific Theater of Operations (APT) from 29 July 1945 to
28 January 1946.

4.  The Purple Heart is not included in the list of awards contained in item 33 (Decorations and Awards) of the applicant's WD AGO Form 53-55.  Item 34 (Wounds Received in Action) contains the entry “None."

5.  The applicant’s reconstructed record contains a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement).  Item 11 (List all significant diseases, wounds, and injuries) includes an entry which shows the applicant sustained a broken wrist and lacerated scalp and head injury in August 1945 for which he received medical treatment at the 87th Field Hospital in Okinawa.

6.  There are no documents in the NPRC reconstructed record that indicate the applicant was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty.  There are also no medical treatment records or hospital reports on file that indicate he was ever treated for a combat-related wound or injury during his active duty service.

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 that in order to award a Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by medical personnel, and a record of this medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  By regulation, in order to support award of the Purple Heart, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.

3.  The available information in the NPRC reconstructed record confirms the applicant was injured in August 1945 and he received medical treatment in Okinawa.  However, there is no evidence to show the wounds or injuries he sustained were combat-related or the result of enemy action.

4.  In addition, the applicant's WD AGO Form 53-55, item 34, contains the entry "None," which indicates he was never wounded in action.  Further, there are no medical treatment records, hospital reports, or other documents in the NPRC reconstructed record or provided by the applicant that show he was ever treated for a combat-related wound while serving on active duty.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

5.  Absent any documentary evidence to confirm the applicant was wounded in action or treated for a combat-related wound while serving on active duty it would not be appropriate to grant the requested relief.

6.  The applicant and all others concerned should know that this decision 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.



      __________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)                                         AR20100007854



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20