IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110003994
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, on behalf of her deceased spouse, a former service member (FSM), requests correction of the FSM's records to reflect award of the Purple Heart.
2. The applicant states the FSM was shot in the leg during World War II and he never received his Purple Heart.
3. The applicant provides:
* the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* the FSM's Death Certificate
* Marriage Certificate
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 FSM's military record is 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 the FSM's records were lost or destroyed in that fire. The case is being considered using the WD AGO Form 53-55 provided with the application.
3. The FSM's WD AGO Form 53-55 contains the following pertinent information:
* he was inducted into the Army on 7 November 1942
* his military occupational specialty was 745 (Rifleman)
* he served in the European Theatre of Operations (ETO) from 23 September 1944 to 11 December 1945
* he held the rank/grade of private first class at the time of separation
* he was honorably discharged on 27 December 1945
* he served 1 year, 10 months, and 10 days in continental United States (CONUS)
* he served 1 year, 3 months, and 11 days outside CONUS
4. Item 34 (Wounds Received in Action) reflect "None."
5. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Ardennes and Rhineland campaigns.
6. Item 55 (Remarks) of his WD AGO Form 53-55 shows the FSM was awarded the American Theater Service Medal, European-African-Middle Eastern Theater Service Medal, and two Overseas Service Bars.
7. Item 40 (Reason and Authority for Separation) of his WD AGO Form 53-55 shows he was discharged for the convenience of the government due to demobilization.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 been treated by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the FSM's records to show award of the Purple Heart was carefully considered; however, there is insufficient evidence to support the request.
2. The FSM's WD AGO Form 53-55 shows he sustained no wounds in action.
3. There is no evidence in the available records which show the FSM was wounded as a result of hostile action or treated for wounds received as a result.
4. Absent such evidence, regrettably there is insufficient evidence to award the FSM the Purple Heart.
5. 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 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) AR20110003994
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ABCMR Record of Proceedings (cont) AR20110003994
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