BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110008665
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 daughter of a deceased former service member (FSM), requests, in effect, her late father be awarded the Purple Heart.
2. The applicant states:
* Her father was not awarded the Purple Heart due to an oversight
* His military records to substantiate his injuries were destroyed in the fire on 12 July 1973
* Her father spoke frequently to her during his lifetime about injuries he sustained during his military service in Europe
* He spoke of a leg injury he sustained and he had significant amounts of shrapnel dislodging from his face, neck, arms, and upper chest up to the time of his death in 1974
* Although he believed he was entitled to the Purple Heart he did not pursue the matter
* Her father was a very humble and devout man who proudly served his country 8 years
* Her mother, now 89 years of age, would be very honored to be the recipient of the Purple Heart on her father's behalf
* In a recent conversation with her cousin, he related stories told by her father upon his return from the war
* Her father stayed with her cousin's family for 2 months while recovering from his war injuries
* Her cousin recalls her father getting off of a bus in front of their home using a cane to steady himself due to his leg injury
* Her father told her cousin of the incident in which he was severely injured 30 miles outside of Berlin when he was hit by Russian artillery while carrying out orders to blow up an abandoned tank
3. The applicant provides:
* A Notarized Statement, dated 25 February 2011, from herself and her cousin
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* FSM's death certificate
* Her birth certificate
* Her marriage license
* Change of name document
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 FSMs 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 FSMs records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM enlisted in the Regular Army on 7 December 1937. He served in the European Theater of Operations from 24 September 1944 to 22 November 1945. He was honorably discharged on 3 December 1945.
4. His WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "NONE."
5. There is no evidence of record which shows the FSM was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
6. 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 that 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:
The applicant's contentions were carefully considered. However, there is no evidence in the available records that shows the FSM was awarded the Purple Heart or was wounded as a result of hostile action during World War II. In the absence of orders or any other official corroborating evidence, the statement provided by the applicant is insufficient by itself as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
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) AR20110008665
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ABCMR Record of Proceedings (cont) AR20110008665
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