BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100019655
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 record to show award of the Purple Heart (PH).
2. The applicant states:
a. he was recently notified his PH was not on record;
b. he was wounded when a bridge his unit was ordered to cross was blown up; and
c. a retired lieutenant colonel awarded him the PH a few years ago.
3. The applicant provides a self-authored statement in support of his application.
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 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 his records were lost or destroyed in that fire. This case is being considered using the NPRC reconstructed record.
3. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows he was inducted into the Army of the United States on 25 June 1943 and entered active duty on 9 July 1943. He was honorably discharged on 20 December 1945. It also shows he held military occupational specialty 345 (Light Truck Driver) and he served in the European-African-Middle Eastern (EAME) theater of operations from 29 January 1945 through 13 July 1945.
4. Item 33 (Decorations and Awards) of the applicant's WD AGO Form 53-55 shows that during his active duty tenure he earned the American Theater Service Medal, World War II Victory Medal, EAME Campaign Medal, and Army Good Conduct Medal. The WD AGO Form 53-55 also shows he earned the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button.
5. Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None."
6. There are no documents in the NPRC file that indicate the applicant was ever recommended for or awarded the PH by proper authority while serving on active duty. There are also no medical treatment records or hospital reports on file that indicate he was ever treated for a combat-related wound or injury during his active duty tenure.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by medical personnel, and a record of this medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 also states, when contemplating an award of the PH, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. While direct or indirect participation in combat operations is a necessary prerequisite, it is not the sole justification for award of the PH.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contends he was awarded the PH.
2. By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record.
3. The available information in the NPRC file fails to corroborate the applicant's claim that he was wounded in action during World War II. The available information fails to indicate he was ever wounded in action or treated for a combat-related wound or injury by military medical personnel and there is no indication he was ever recommended for or awarded the PH by proper authority while serving on active duty.
4. Absent any documentary evidence corroborating the applicant's claim or that shows he was wounded in action or treated for a combat-related wound while serving on active duty during World War II, the regulatory burden of proof necessary to support correction of his record to show award of the PH has not been satisfied in this case.
5. The applicant and all others concerned should know this decision regarding award of the PH in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant 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 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) AR20100019655
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ABCMR Record of Proceedings (cont) AR20100019655
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