IN THE CASE OF:
BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100020597
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 he be awarded the Purple Heart.
2. The applicant states that he received a shrapnel wound to his arm during combat in Burma in 1944 and he never received the award of the Purple Heart.
3. The applicant provides a copy of an Army photograph showing him in the 14th Evacuation Hospital, Ledo, India with British playwright Noel Coward.
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 applicant was born in Los Angeles, California on 1 May 1913 and on 12 November 1942, while interned at the Jerome War Relocation Center, Denson, Arkansas, he enlisted in the Regular Army and was shipped to the Military Intelligence Language School for training as a Japanese interpreter. He was promoted to the rank of technician 4th class on 9 September 1943.
3. He departed for India on 21 September 1943 and arrived there on 28 October 1943. He was assigned to the 5307th Composite Unit (also known as Merrills Marauders) and was awarded the Combat Infantryman Badge on 20 February 1944. He was promoted to the rank of sergeant on 25 April 1944 and to the rank of staff sergeant on 12 May 1944.
4. His records show that he was treated at the 14th Evacuation Hospital on 3 June 1944 and was diagnosed as having an abscess, acute, left wrist, cause undetermined and cellullitis, acute, non-suppurative, left forearm, all incurred in Burma. There is no indication that the injuries were combat related/inflicted.
5. He departed India on 17 December 1944 and was transferred to China on 23 December 1944 for assignment to the United States Forces China Theater as a translator. He was promoted to the rank of technical sergeant on 9 July 1945 and to the rank of master sergeant E-7 on 16 November 1945.
6. On 9 January 1946, he was honorably discharged in Shanghai, China for the purpose of immediate reenlistment. He reenlisted on 9 January 1946 and remained on active duty through a series of continuous reenlistments.
7. A review of his records shows that he was hospitalized in India for malaria in July 1944 and in China on 22 July 1944 for malaria.
8. On 31 May 1963, he was honorably released from active duty and was transferred to the Retired List effective 1 June 1963. He had served 20 years, 1 month and 19 days of total active service.
9. The applicants records, which appear to be complete, fail to show that the applicant was wounded as a result of enemy action or that treatment was made for such wounds. Additionally, the applicants separation physical examination fails to indicate any such injuries/wounds.
10. Army Regulation 600-8-22 (Military Awards) provides 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was wounded in India in April 1944 and that he was treated for such wounds is not in doubt, unfortunately, the evidence of record fails to support his contentions.
2. His records, which appear to be complete, fail to indicate that the applicant was ever wounded as a result of enemy action or that treatment was made for such wounds. Therefore, regrettably, in the absence of such evidence there appears to be no basis to award him the Purple Heart 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 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 the applicant in service to the United States. 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) AR20100020597
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ABCMR Record of Proceedings (cont) AR20100020597
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