IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100025137
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 he was promised a Purple Heart back in 1945, but never received it. He also states a piece of shrapnel is still in his left arm and was x-rayed at the Department of Veterans Affairs (VA) hospital. The VA doctor stated it was better to leave it alone since it had been there for 65 years.
3. He provides:
* A Requirements For Diagnosis data sheet for 108th General Hospital
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* Letters from a Member of Congress, VA, and Disable American Veterans
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'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 in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, and documentation submitted by the applicant, for the Board to conduct a fair and impartial review of this case.
3. His available military records show that he enlisted in the Regular Army on 9 November 1940. He completed training in military occupational specialty 072 (Physical Therapy Technician). He was assigned to the 23rd General Hospital. He served overseas in the European-African-Middle Eastern (EAME) Theater of Operations from 30 August 1942 to 6 October 1945.
4. He was honorably discharged from active duty on 20 October 1945 for the convenience of the government at demobilization. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows the entry, "None." Item 33 (Decorations and Citations) lists the following awards: the EAME Campaign Medal with one bronze service star, Army Good Conduct Medal, and American Defense Service Medal. Item 55 (Remarks) lists the Honorable Service Lapel Button.
5. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry, "None," to indicate he was not wounded while he served during World War II.
6. His available records contain a hospitalization file listing (microfiche 037, page 153) created by The Office of The Surgeon General and a hospital admission card for the year 1944 which shows while serving in Africa in June 1944 he was diagnosed with a pilonidial cyst or sinus.
7. There are no orders in his available service personnel records that show he was awarded the Purple Heart. There is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.
8. He provided a Requirements For Diagnosis data sheet for 108th General Hospital. He also provided a letter from the VA which advised him that he needed to provide sufficient documentation to show receipt of the Purple Heart award for placement in Priority Group 3.
9. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action, while held as a prisoner of war, or while being taken captive. There is no evidence of record and the applicant has provided insufficient evidence which shows that he was wounded or treated for wounds as a result of hostile action during World War II.
2. The documentation provided by the applicant was carefully considered; however, the overall merits of the case including the submissions are insufficient as a basis to grant his request. In all cases the burden of proof rests with the applicants to submit substantiating evidence of their entitlement for award of the Purple Heart in the absence of the evidence of record.
3. In view of the foregoing, there is no basis for granting his request.
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) AR20100025137
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025137
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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