IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100008437
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he was awarded the Purple Heart.
2. The applicant states:
* He was awarded the Purple Heart medal during World War II while serving with George Patton
* The Purple Heart is not mentioned on his discharge papers
* He is 84 years old and the level of care he is receiving from the Department of Veterans Affairs (VA) Hospital is less than he is due because the Purple Heart was omitted from his WD AGO Form 53-55
3. The applicant provides copies of the following documents:
* Purple Heart Certificate showing he was wounded on 31 December 1944
* WD AGO Form 53-55
* Two Honorable Discharge Certificates dated 19 March 1946
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 applicants military records are not available to the Board. This case is being considered using the documents provided by the applicant.
3. He enlisted in the Army on 28 August 1943. He completed training as a clerk.
4. He arrived in the European Theater of Operations on 25 October 1944. On 19 July 1945, the applicant returned to the United States.
5. He was honorably discharged 19 March 1946 for the convenience of the government, due to demobilization.
6. The applicant's WD AGO Form 53-55 shows he was awarded:
* World War II Victory Medal
* American Campaign Meal
* European-African-Middle Eastern Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle and Carbine Bar
* Army Lapel Button
7. Item number 34 (Wounds Received In Action) on his WD AGO Form 53-55 shows "None."
8. The applicant provides a picture of a certificate that shows he was awarded the Purple Heart for wounds received in action in France on 31 December 1944. According to the certificate the award was issued on 26 March 1965. The applicant did not provide the orders awarding him the Purple Heart.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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's contentions have been noted and the certificate he submitted has been considered. Although he did not submit the orders awarding him the Purple Heart, based on the available evidence, it is reasonable to presume that he was awarded the Purple Heart.
2. The certificate he submitted shows he was wounded in action while he was in France on 31 December 1944. The certificate showing he was awarded the Purple Heart was not issued until 26 March 1965. He was discharged on 19 March 1946, which suggests that at some point after his discharge, a determination was made that he was wounded in action while he was in the Army and he was awarded the Purple Heart as a result of that determination.
3. Therefore, his WD AGO Form 53-55 should be amended to show he was wounded in action while he in France on 31 December 1944 and that he was issued the Purple Heart.
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 amending his WD AGO Form 53-55 to show he was wounded in action while he was in France on 31 December 1944 and to add the Purple Heart.
______________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) AR20100008437
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ABCMR Record of Proceedings (cont) AR20100008437
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