IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100009889
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. He states, in effect, the entry in Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) is incorrect because he sustained a shrapnel wound between his upper lip and nose during contact with hostile forces while serving during World War II. He further states he is willing to submit to a lie detector test in order to corroborate his story.
3. He provides a self-authored statement.
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. His 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 his 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 WD AGO Form 53-55 provided by the applicant.
3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 2 October 1944. His military occupational specialty was 745 (Rifleman). His final unit of assignment was Troop F, 8th Cavalry Regiment. He was honorably discharged on 30 November 1946 after completing a total of 2 years, 1 month, and 29 days of active military service. He held the grade of private first class on the date of his separation.
4. His WD AGO Form 53-55 also contains the following pertinent information:
a. Item 32 (Battles and Campaigns) shows he participated in the Southern Philippines campaign.
b. Item 33 (Decorations and Citations) does not show he was awarded the Purple Heart.
c. Item 34 shows "NONE."
d. Item 36 (Service Outside Continental U.S. and Return) shows he arrived in the Pacific Theater of Operations on 29 March 1945 and departed on 9 September 1946.
e. Item 56 (Signature of Person Being Separated) shows he reviewed and authenticated this document with his signature at the time of separation.
5. He provides a self-authored statement wherein he recounts the events that occurred on or around 27 June 1945 during a daytime battle in the Philippines. In pertinent part, he essentially states he was wounded when a penny-sized piece of shrapnel pierced the area between his upper lip and nose. He further states that once he removed the piece of shrapnel, his "next priority was to find a foxhole - not a medic...Consequently, my shrapnel wound was never documented, so there is no evidence of it in my official record. The only evidence I have is my keen memory of the incident - and the permanent scar that it left directly above my upper lip." He attributes his delay in requesting the Purple Heart to the facts that he "simply forgot about the injury almost as quickly as it happened" and that he was just a kid who had never heard of the Purple Heart and knew nothing of the criteria for receiving one.
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 the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered.
2. His WD AGO Form 53-55 shows he sustained no wounds in action and he authenticated this document at the time of separation.
3. There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action. In addition, by his own admission his wound was never treated by medical personnel or made a matter of official record.
4. Accordingly, based on the foregoing there is insufficient evidence to award him the Purple Heart.
5. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. He 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) AR20100009889
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009889
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080015498
Application for correction of military records (with supporting documents provided, if any). The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a two-page undated self-authored letter, a certificate showing that he was awarded the Bronze Star Medal, an undated request to the Army Reserve Personnel Center in which he requested any and all medals and awards that he is entitled to, and a letter, dated 18 November 2008, from the...
ARMY | BCMR | CY2011 | 20110010977
IN THE CASE OF: BOARD DATE: 8 November 2011 DOCKET NUMBER: AR20110010977 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. c. Item 34 (Wounds Received in Action) shows "None." _______ _ __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.
ARMY | BCMR | CY2010 | 20100009077
Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documentary evidence in support of the Veteran's application: a. a letter from the applicant, dated 23 January 2010; b. photographs of the Veteran's Purple Heart and World War II service decorations and medals; c. a copy of the Veteran's WD AGO Form 53-55; d. excerpts from the Veteran's personal history compiled in 2004; and e. correspondence from the National...
ARMY | BCMR | CY1996 | 9607966C070209
APPLICANT REQUESTS: That his WD AGO Form 53-55, Enlisted Record and Report of Separation, be corrected to reflect that he was awarded the Purple Heart for wounds received in World War II. 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. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable...
ARMY | BCMR | CY2005 | 20050006162C070206
There is no evidence in the SGO Files to show that he was treated by a medical corps major for a shrapnel wound in his arm and that this treatment, when received, as the applicant alleges, was made a matter of record. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding the applicant the Bronze...
ARMY | BCMR | CY2005 | 20050017462C070206
Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. No record was found in a search of records on file at the National Personnel Records Center that the applicant was given treatment for the wounds or injuries he now alleges to have received in action during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the...
ARMY | BCMR | CY2001 | 2001059685C070421
The applicant states, in effect, that he requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected to show award of the Purple Heart. The WD AGO Form 53-55, Item 34 (Wounds Received in Action), shows that the applicant was wounded while serving in the South Pacific Theater on 26 October 1942. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction...
ARMY | BCMR | CY2009 | 20090012967
The applicants military records are not available to the Board for review. The applicant contends that he was wounded in Luzon, Philippines in March or April 1945 and contemporaneous medical evidence of record shows he was wounded in action (shrapnel wound to right knee). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in March/April 1945 in the...
ARMY | BCMR | CY2008 | 20080018359
The applicant requests that her deceased husband, a former service member (FSM), be awarded the Purple Heart. There is no evidence in the FSM's service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows that the FSM sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this...
ARMY | BCMR | CY2007 | 20070009102
The applicant requests, in effect, that the Purple Heart be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge. Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53-55, shows the entry, "None." Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. awarding the applicant the Asiatic-Pacific Campaign Medal, with four bronze service stars, and the World War II...