BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100028980
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to reflect the Purple Heart and all of his awards.
2. The applicant states his WD AGO Form 53-55 does not reflect all of his medals, awards, or unit citations to include the Purple Heart.
3. The applicant provides a copy of his WD AGO Form 53-55.
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. A fire destroyed approximately 18 million service members' records at the NPRC 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 inducted into the Army of the United States at Fort Sheridan, Illinois, on 25 April 1944. He completed training as an infantryman at the Infantry Training Center at Fort Hood, Texas, and departed for the European-African-Middle Eastern (EAME) theater of operations on 12 October 1944 aboard the Hired Military Transport Queen Mary. On 13 October 1944, he injured his ankle dismounting from the top bunk.
4. He arrived in Scotland and was admitted to the station hospital until he departed for the United States on 21 December 1944. He was diagnosed as having rheumatic fever.
5. He arrived in the United States at New York harbor on 27 December 1944 and was transferred to Foster General Hospital in Jackson, Mississippi, where he remained until he was honorably discharged with a Certificate of Disability on 15 June 1945. He completed 1 year, 1 month, and 22 days of active service and his WD AGO Form 53-55 issued at the time of his discharge shows he was awarded the EAME Service Medal. It also shows no wounds received in action and his Certificate of Disability for Discharge does not indicate any wounds or injuries.
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.
7. Army Regulation 600-8-22 states the World War II (WWII) Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that all of his awards to include the Purple Heart were not added to his records has been noted and was found to have partial merit.
2. The applicant was authorized the WWII Victory Medal for his service during WWII and that award was omitted from his WD AGO Form 53-55. Accordingly, it should be added at this time.
3. However, the applicant failed to show through the evidence submitted with his application and the evidence of record that he was wounded as a result of enemy action and that treatment was made a matter of record. In fact, there is no evidence to show he was ever engaged with the enemy.
4. Therefore, in the absence of evidence to establish his entitlement to the Purple Heart, there appears to be no basis to add award of the Purple Heart to his records at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x_____ ___x_____ ___x__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the award of the WWII Victory Medal to his WD AGO Form 53-55.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the Purple Heart.
___________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) AR20100028980
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ABCMR Record of Proceedings (cont) AR20100028980
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