IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100009334 


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, in effect, the FSM served honorably in the U.S. Army in the European Theater of Operations.

3.  The applicant provides copies of the FSM's discharge certificate, WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), her birth certificate, her certificate of live birth, and her passport.

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 complete military record is 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 that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using the FSM’s WD AGO Form 53-55, hospital admission card that was created by the Office of the Surgeon General Department of the Army (1942–1945) and (1950-1954), and a copy of the U.S. Army Hospitalization File Listing.

3.  The FSM was inducted into the U.S. Army on 4 November 1942 and entered active duty on 13 November 1942.  His military occupational specialty was 149 (Pharmacist). 

4.  The FSM's records contain information from the hospital admission card that was created by the Office of the Surgeon General Department of the Army (1942–1945) and (1950-1954).  This document shows that in August 1944, the FSM was first diagnosed and admitted to the hospital for pneumonia.  This document also shows the FSM was discharged from the hospital in September 1944. 

5.  The NPRC file is void of PH orders or other documents or a medical treatment record that shows the FSM was wounded or injured as a result of enemy action during World War II.

6.  On 9 January 1946, the applicant was honorably discharged from active duty after completing a total of 2 years, 1 month, and 10 days of active military service.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the American Campaign Medal, European-African-Middle Eastern Campaign Medal, Good Conduct Medal, and the World War II Victory Medal.    

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation provides 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's contentions, in effect, that the FSM's records should be corrected to show award of the Purple Heart was considered but the evidence is insufficient to support this contention.

2.  There is no available evidence in the NPRC file that confirms the FSM was wounded or injured while in action or as a result of enemy action during World War II.  In fact, available records only show the FSM was treated for pneumonia between August and September 1944.  

3.  There are no orders or other evidence in the FSM's military service records that show 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.  Regrettably, in view of the foregoing the evidence is insufficient for correcting the FSM's military service records to show award of the Purple Heart.

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 her father in service to our Nation.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20100009334



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ABCMR Record of Proceedings (cont)                                         AR20100009334



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