IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100030377
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 the records of her father, a former service member (FSM), be corrected to show award of the Purple Heart.
2. The applicant states her father was previously awarded the Purple Heart. His original medal was lost and he would like a replacement medal.
3. The applicant provides:
* Two Certificates of Military Service
* Power of Attorney
* Letter from the National Personnel Records Center
* Western Union Telegram
* Newspaper article
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 FSMs 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 that the FSMs records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM's National Archives (NA) and Records Administration Form 13038 (Certificate of Military Service) shows he was inducted into the Army of the United States on 3 October 1944 and was honorably discharged on 22 May 1946.
4. His NA Form 13048 also shows he enlisted in the Regular Army on 23 May 1946 and was separated on 28 June 1949.
5. His reconstructed records contain a Western Union Telegram addressed to his spouse, notifying her that he was slightly wounded in Okinawa on 13 June 1945. He held the rank of private at the time.
6. The applicant provides a newspaper article that shows her father served in the Pacific Theater of operations with the 7th Division and that he had been decorated with the Purple Heart for his service during combat.
7. The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded to members killed in action or 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. The applicant contends the records of her father should be corrected to show award of the Purple Heart.
2. Although the FSM's records are mostly not available for review with this case, his reconstructed records show he was wounded in Okinawa on 13 June 1945 which would have qualified him for award of the Purple Heart. Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
___X____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* showing he was awarded the Purple Heart for wounds received in action in Okinawa on 13 June 1945
* issuing him a Purple Heart certificate and medal set
_______ _ _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) AR20100030377
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ABCMR Record of Proceedings (cont) AR20100030377
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