IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100019350
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 that his award of the Purple Heart be entered on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
2. The applicant states he was issued the Purple Heart for frozen feet after his discharge.
3. The applicant provides a copy of his WD AGO Form 53-55.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Enlisted Reserve Corps on 1 September 1943 and he entered active duty on 20 December 1943. He departed for Scotland on 17 October 1944 and he participated in the Rhineland and Central Europe campaigns.
4. He departed the European theater of operations on 5 July 1945. On 26 April 1946, he was honorably discharged at Fort Meade, Maryland, in the rank of technician third class. He completed 2 years, 4 months, and 6 days of total active service and was awarded the Expert Infantryman Badge, the Combat Infantryman Badge, the Army of Occupation Medal with Germany Clasp, the American Theater Ribbon, the European-African-Middle Eastern Theater Ribbon, the Army Good Conduct Medal, and the World War II Victory Medal.
5. His WD AGO Form 53-55 issued at the time of his discharge reflects the entry "none" in block 34 (Wounds Received in Action).
6. There is no evidence in the available records to show he was ever awarded the Purple Heart.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was awarded the Purple Heart is not in doubt, the applicant failed to provide and the available records do not contain evidence to show that such was the case.
2. In the absence of orders awarding him the Purple Heart or other sufficient documentary evidence, there appears to be no basis to add the award of the Purple Heart to his records at this time.
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 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 this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. 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) AR20100019350
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100019350
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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