IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110007895
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, the son of a deceased former service member (FSM), requests correction of the FSM's military records to show award of the Purple Heart.
2. The applicant states the FSM was wounded in combat during World War II. He was discharged directly from Wakeman Convalescent Hospital at Camp Atterbury, Indiana, due to the wounds he suffered. However, his discharge does not reflect award of the Purple Heart and he never received the medal.
3. The applicant provides copies of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), Honorable Discharge Certificate, Certificate of Death, and a copy of the applicant's Certificate of Birth.
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 FSM'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 that the FSM's records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 shows:
a. he was inducted into the Army of the United States on 8 December 1942 and entered active duty on 15 December 1942;
b. he served in the Signal Corps as a radio operator with the 3rd Mobile Radio Broadcasting Company;
d. he participated in the Normandy, Northern France, and Rhineland campaigns;
e. he was awarded the European-African-Middle-Eastern Campaign Medal with three bronze service stars and he was issued the Army Lapel Button;
f. he did not receive any wounds in action; and
g. he was honorably discharged on 28 August 1945 at Wakeman Convalescent Hospital.
4. Information from the hospital admission cards created by the Department of the Army Office of the Surgeon General for admissions in 1945 shows the FSM had been admitted on 29 March 1945 while in the European theater of operations. The information indicates he had been diagnosed with acute cystitis [bladder inflammation]. He was hospitalized for 152 days and was discharged in August 1945. The cause of his medical condition was listed as a disease. His medical condition was reported as being in the line of duty. There is no indication in his record of being wounded or injured as a result of enemy action.
5. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There are no available general orders showing the FSM was awarded the Purple Heart. The available documentation does not indicate he was wounded in action. Furthermore, there is no medical evidence showing he received treatment for any wounds received as a direct result of enemy action.
2. Regrettably, in view of the above the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. 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 the FSM's service in arms.
_______ _ 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) AR20110007895
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ABCMR Record of Proceedings (cont) AR20110007895
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