IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110001956
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 add his award of the Purple Heart and to be issued a Purple Heart medal set. He further requests correction of his records to show he was born on 11 September 1925 in Sweetwater, Alabama.
2. The applicant states he was awarded the Purple Heart in the Asiatic-Pacific theater of operations (APTO) in September 1945 and it was somehow lost. He states he was born on 11 September 1925 in Sweetwater, Alabama.
3. The applicant provides a copy of National Archives and Records Administration (NARA or NA) Form 13038 (Certification of Military Service) issued on 13 December 2010.
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 complete 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 in Sweetwater, Alabama, on 11 September 1925 and was inducted into the Army of the United States on 9 December 1943. He entered active duty at Fort Benning, Georgia, on 30 December 1943.
4. He completed training as an amphibian truck driver and departed for the APTO on 8 April 1945. He participated in the Ryukyus Campaign and departed the APTO on 23 March 1946.
5. He arrived in the continental United States on 3 April 1946 and was transferred to Camp Shelby, Mississippi, where he was honorably discharged on 10 April 1946. His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) does not reflect award of the Purple Heart and "None" is entered in block 34 (Wounds Received in Action).
6. On 13 December 2010, NARA issued the applicant a Certification of Military Service which reflects his date and place of birth as "N/A" [not applicable].
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.
8. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5200.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his date and place of birth should be added to his Certification of Military Service has been noted. However, the Board does not have the authority to direct the correction of information generated by the NARA. However, the applicant may submit a request to the National Personnel Records Center in St. Louis, Missouri requesting that he be issued a new Certificate of Service. Accordingly, that issue will not be further addressed in these proceedings.
2. However, the applicant's contention that he was awarded the Purple Heart, that it should be added to his records, and that he should be issued a new medal set does not appear to have merit.
3. The available evidence fails to substantiate his contention that he was wounded and that he was awarded the Purple Heart during his service in World War II. In the absence of such evidence, there does not appear to be a basis to grant this portion of his request.
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 that 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) AR20110001956
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ABCMR Record of Proceedings (cont) AR20110001956
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