IN THE CASE OF:	  

		BOARD DATE:	  18 OCTOBER 2011

		DOCKET NUMBER:  AR20110008478 


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 that his deceased father, a former service member (FSM), be awarded the Purple Heart.

2.  The applicant states his father never received his Purple Heart.  His father's files were destroyed in the fire in 1973 and his discharge certificates are in error. He states since records are not available the only source of proof are letters his father had written home concerning his injury and the Purple Heart while he was in the hospital.

3.  The applicant provides:

* FSM's death certificate
* memorandum, dated 16 August 2006, from Commander, Navy Customs Battalion Quebec
* memorandum, dated 18 August 2006, from Commander, 1st Personnel Command (Forward)
* letter, dated 19 July 2006, from the National Personnel Records Center, 
St. Louis, MO
* 12 letters written by the FSM during the period 22 January 1945 to 
25 February 1946

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 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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents for the Board to conduct a fair and impartial review of this case.  The only official records available to this Board are a WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) and a WD AGO Form 0150-4 (Transcript from Enlisted Record).

3.  The FSM was inducted into the Army of the United States on 20 November 1942 and he entered active duty on 3 December 1942.

4.  He arrived in the European Theater of Operations (ETO) on 11 August 1944.  He was discharged to immediately reenlist on 27 November 1945.  Item 32 (Wounds Received in Action) of his WD AGO Form 0150-4 contains the entry: None.

5.  He enlisted in the Regular Army on 28 November 1945.  He returned to the United States on 1 March 1947.  On 11 May 1947, he was discharged.  Item 34 (Wounds Received in Action) of his WD AGO 53-55 contains the entry: None.

6.  He died on 16 April 2004.

7.  A letter, dated 16 August 2006, from Commander, Navy Customs Battalion Quebec to the U.S. Human Resources Command (HRC) recommended the FSM be awarded the Purple Heat posthumously.  According to the recommendation the FSM received injuries from a collapsed wall as a result of a direct hit during an artillery barrage on 10 February 1945.  The Purple Heart could not be verified from the FSM's discharge papers and he is not listed with the verification entitlements.  The recommendation listed nine letters the FSM wrote home while he was hospitalized.  

8.  On 18 August 2006, the Commander, 1st Personnel Command (Forward), Camp Arifjan, Kuwait recommended approval of the award of the Purple Heart for the FSM.  

9.  A record of HRC's response to the recommendation for award of the Purple Heart to the FSM is not available for review.

10.  The 12 letters, written by the FSM, indicated he was hospitalized from on or about 19 February 1945 to 25 February 1946.  In a letter, dated 19 February 1945, he indicated he got hit in the foot.  The exact date of his injury is not clear.  In a letter, dated 8 April 1945, he indicated he was in a building when a shell hit it and the wall came down on his leg.  The remaining letters do not state how he was injured, but he did talk about his foot injury and that he was doing better.

11.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant submitting an application to this Board, it is reasonable to conclude the recommendation for the Purple Heart for his father was disapproved by HRC.  A record of that disapproval is not available for review.

2.  Based on the dates of the FSM's hospitalization, wounds that he had received in action should have been documented on his WD AGO Form 0150-4 for the period from 3 December 1942 to 27 November 1945.  However, item 32 of this form contains the entry: None.  It is noted that item 34 of his WD AGO 53-55 for the period 28 November 1945 to 11 May 1947 also contains the entry: None.

3.  The letters written by the FSM were reviewed.  However, in the absence of official documents or corroborating evidence they are insufficient to show he was wounded as a result of enemy action.  Therefore, regrettably, there is insufficient evidence in this case to award the Purple Heart.


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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant's father in service to our Nation.  The applicant and all Americans should be justifiably proud of his father'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)                                         AR20110008478



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ABCMR Record of Proceedings (cont)                                         AR20110008478



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