IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100027633
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 on behalf of her deceased father (a former service member (FSM)), and correction of his WD AGO Form 55 (Honorable Discharge from the Army of the United States) to show he was awarded the Purple Heart.
2. She states the FSM:
* was in poor physical condition when he was discharged
* had a silver plate in his skull as a result of being shot in the head while on duty in the Pacific
* received a Department of Veterans Affairs partial disability pension for the rest of his life because of his wound
3. She provides:
* her birth certificate
* the FSM's WD AGO Form 55
* an Ohio Department of Health Division of Vital Statistics Burial-Transit Permit
* the FSM's WD Form 370 (Final Statement)
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 FSM's military records are not available to the ABCMR 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.
3. The available evidence shows the FSM was inducted into the Army of the United States on 9 January 1943.
4. On 3 July 1944, the FSM was honorably discharged after completing a total of 1 year, 5 months, and 25 days of creditable active military service.
5. The FSM's WD AGO Form 55 shows:
* Decorations, Service Medals, Citations "Asiatic Pacific Ribbon"
* Wounds Received in Action "None"
* Battles, Engagements, Skirmishes, Expeditions "New Caledonia and Guadalcanal, Solomon Islands. Left United States 16 August 1943 and returned 16 April 1944"
* Physical Condition When Discharged "Poor"
6. The FSM's daughter submitted a WD Form 370 which shows the applicant's pay and allowances at the time of his discharge.
7. 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 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. Regrettably, there is no evidence available and the applicant did not provide evidence to show the FSM was wounded or in poor health as a result of hostile action. Therefore, there is insufficient evidence on which to base award of the Purple Heart and correction of the FSM's WD AGO Form 55 to show he was awarded the Purple Heart.
2. This action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of the FSM's 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) AR20100027633
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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