IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100026444
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. The applicant states he was injured during a bomb blast during the battle of Luzon while transporting mail between Luzon and battalion headquarters and he was treated for injuries to his ears at a hospital.
3. The applicant provides a copy of his WD AGO Form 53-55 (Army of the United States - Honorable Discharge)
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was born on 14 April 1922 and he was inducted in North Carolina on 10 December 1942. He entered active duty at Camp Croft, a World War II Infantry Training Center in South Carolina.
4. He completed his training and he departed for the Asiatic-Pacific Theater of Operations (APTO) on 5 April 1944. He arrived in the APTO on 20 April 1944.
5. He participated in the Luzon campaign and he was promoted to the rank of Technician Fifth Class (TEC/5) and he returned to the United States on
10 January 1946. He was transferred to Fort Bragg, NC where he was honorably discharged on 20 January 1946.
6. Block 33 (Decorations and Medals) of his WD AGO Form 53-55 issued at the time of his discharge shows that he was awarded the:
* Philippine Liberation Medal with one bronze service star
* Asiatic-Pacific Service Medal with one bronze service star
* Army Good Conduct Medal
* American Theater Service Medal
* World War II Victory Medal
7. Block 34 (Wounds Received in Action) of his DD Form 214 shows the entry None.
8. There is no evidence in the available record and the applicant did not provide any corroborating evidence to show he was wounded or injured as a result of enemy action or that treatment for such wounds/injuries were made a matter of official record.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an 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 by medical personnel, 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 injured as a result of enemy actions is not in doubt, there simply is no evidence in the available records to substantiate his claim.
2. The available records contain no evidence to show that he was wounded as a result of enemy action and that treatment was made a matter of record. Therefore, there appears to be no basis to award him the Purple Heart.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has not satisfied this requirement.
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 during World War II. 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) AR20100026444
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100026444
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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