BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110003326
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 show award of the Purple Heart.
2. The applicant states he sustained injuries in April 1945 while serving in the Philippines.
3. The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and a buddy 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 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 that his records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. His WD AGO Form 53-55 indicates:
a. he was inducted into the Army of the United States on 1 October 1943 and entered active duty on 22 October 1943;
b. he was assigned to the 98th Chemical Mortar Battalion as a field lineman and served in the Pacific Theater of Operations from 2 June 1944 to
24 November 1945;
c. he participated in the Bismarck Archipelago, New Guinea, and Luzon campaigns and he was awarded the Philippine Liberation Ribbon with one bronze service star and bronze, arrowhead, and Good Conduct Medal;
d. in item 34 (Wounds) is annotated "None"; and
e. he was honorably discharged on 23 December 1945 in the rank of sergeant.
4. There is no evidence in the available records that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.
5. He provided a buddy statement in which the author states between 1 and
13 April 1945 about 100 Japanese soldiers attacked their unit. The artillery did not stop the attack and the mortars were about a block behind their position. They fired 32 rounds at the Japanese positions and he remembers a round landing short. This is when the applicant got injured.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to the Purple Heart as a result of injuries sustained in April 1945.
2. There is no evidence in the available records and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.
3. He provides a statement in which the author claims the applicant was injured between 1 and 13 April 1945; however, this statement is insufficient evidence to confirm the injury was the result of hostile action.
4. Regrettably, in the absence of evidence showing he was wounded as a result of hostile action, that he received medical treatment by medical personnel and this treatment was made a matter of official record, there is insufficient evidence available to support award of the Purple Heart in this case.
5. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his 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 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) AR20110003326
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ABCMR Record of Proceedings (cont) AR20110003326
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