IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100019635
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, the son of a deceased former service member (FSM), requests his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show award of the Purple Heart.
2. The applicant states:
* Medical records, dated 11 May 1945, show his father was wounded in action when an enemy plane crashed on the deck of the vessel he was on
* Medical records show he was treated for his injuries
* He should have received the Purple Heart
3. The applicant provides:
* Medical record, dated 11 May 1945
* 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 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 FSMs 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 in 1973. It is believed that the FSMs records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 shows he enlisted in the National Guard on 16 November 1940 and entered active duty on 23 December 1940. He served in the Asiatic-Pacific Theater of Operations and was honorably discharged on
10 October 1945.
4. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Eastern Mandates, New Guinea, and Ryukyus campaigns. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the Good Conduct Medal, Asiatic-Pacific Campaign Medal, and American Campaign Medal as authorized awards. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "None."
5. The applicant provided a service medical record, dated 11 May 1945, which states the FSM was wounded in action on 11 May 1945 in the Ryukus Islands when an enemy plane crashed on winch deck. He was treated for first degree burns to his neck.
6. The Office of The Surgeon General Hospital List shows the FSM was hospitalized in May 1945 on a hospital ship as a battle casualty for burns to his neck. The causative agent was enemy air raid.
7. 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 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.
8. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
9. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 33 of the WD AGO Form 53.
DISCUSSION AND CONCLUSIONS:
1. The medical evidence (service medical record and The Office of The Surgeon General Hospital List) which show the FSM was wounded in action on 11 May 1945 in the Ryukus Islands as a result of enemy action is accepted as sufficient evidence on which to base award of the Purple Heart.
2. The FSM served a period of qualifying service for award of the World War II Victory Medal. Therefore, this medal should be added to his WD AGO Form 53-55.
3. The FSM's WD AGO Form 53-55 shows the Asiatic-Pacific Campaign Medal as an authorized award. However, he participated in three battles and campaigns during World War II which makes him eligible for three bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal. Therefore, his WD AGO Form 53-55 should be corrected to show the Asiatic-Pacific Campaign Medal with three bronze service stars.
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:
a. posthumously awarding the FSM the Purple Heart for wounds received in action on 11 May 1945 in the Ryukus Islands;
b. adding the Purple Heart, World War II Victory Medal, and three bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal to item 33 of his WD AGO Form 53-55; and
c. issuing the Purple Heart to the applicant.
_______ _ 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) AR20100019635
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ABCMR Record of Proceedings (cont) AR20100019635
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