IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100025864
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 records to show the Purple Heart.
2. The applicant states he should have been awarded the Purple Heart when he was wounded in 1945.
3. The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), an Honorable Discharge Certificate, a letter from the Department of Veterans Affairs (DVA), and a statement from The American Legion.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. The American Legion, as the applicant's counsel, requests that he be awarded the Purple Heart.
2. Counsel states that while serving in the Philippines, the applicant received a gunshot wound to his left hand. His injury is listed in his veteran's records, but was not properly recorded on his WD AGO Form 53-55. Counsel adds that having received such a wound while serving in battle, he should have been awarded the Purple Heart.
3. Counsel provides no additional evidence.
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 that his records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. His WD AGO Form 53-55 indicates:
a. he enlisted in the Enlisted Reserve Corps on 18 December 1942 and entered active duty on 27 December 1942;
b. he was assigned to the 745th Sanitary Company as a sanitary technician and served in the Pacific theater of operations (PTO) from 22 July 1944 to 10 January 1946;
c. he participated in the New Guinea campaign and was awarded the Asiatic Pacific Theater Ribbon with one bronze battle star, Philippine Liberation Ribbon, American Theater Ribbon, World War II Victory Medal, and Army Good Conduct Medal;
d. he did not receive any wounds while in action; and
e. he was honorably discharged on 20 December 1946 in the rank of sergeant.
4. There is no evidence in the available records that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.
5. He provided a letter from the DVA, dated 22 September 1992, that shows he was awarded an increase in his service-connected disability rating for residuals of a gunshot wound to his left wrist.
6. 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. The applicant contends that he is entitled to the Purple Heart as a result of a wound sustained in 1945.
2. There is no evidence in the available records and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.
3. He provides a letter from the DVA that shows his service-connected disability rating for residuals of a gunshot wound was increased; however, this letter is insufficient evidence to verify the wound was the result of hostile action.
4. Counsel stated the applicant's injury is listed in his veteran's records; however, those records were not provided for review.
5. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
6. 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 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) AR20100025864
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ABCMR Record of Proceedings (cont) AR20100025864
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