BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110010300 


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 military records to show award of the Purple Heart for wounds received during World War II.

2.  The applicant states he was awarded the Purple Heart during his stay at the 58th Evacuation Hospital the day before the war ended.  Several others were also awarded the medal at the same time.  A single medal was pinned on him, then removed and pinned on other Soldiers.  After the award ceremony the presenter put the medal in his pocket.  Apparently, there was no official record of his wounds or of his receiving this medal.

3.  The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge); a post card from the Veterans Administration, dated 21 December 1946; a letter from the Department of Veterans Affairs (VA), dated 15 April 2011; a letter from the applicant to his Congressman, dated 3 February 2011; and two pages from an on-line "Guestbook."

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 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 the applicant'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 applicant's WD AGO Form 53-55 shows he:

	a.  was inducted and entered into the Army of the United States on 
18 September 1944;

	b.  served with Company D, 132nd Infantry;

	c.  participated in the South Philippines campaign in the Pacific Theater of Operations;

	d.  was awarded the Asiatic-Pacific Campaign Medal with one bronze service star, Philippine Liberation Medal with one bronze service star, World War II Victory Medal, Good Conduct Medal, Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Lapel Button;

	e.  did not receive any wounds in action; and

	f.  was honorably discharged on 14 November 1946.

4.  The VA letter dated 15 April 2011, as provided by the applicant, indicates he was granted a 20 percent disability for three scars and residuals of shell fragment wounds on his lower left leg, effective 21 January 2009.

5.  The applicant's letter to his Congressman, dated 3 February 2011, states that he had been a machine gunner in the 132nd Infantry.  He was awarded the Purple Heart but it was never recorded because the war ended the following day. He further stated that he had received his wounds while helping to carry a badly wounded Soldier to an aid station.  He received medical treatment for his lower leg wounds and was returned to his squad.  Later, he was sent to the 58th Evacuation Hospital.
6.  The "Guestbook" provided by the applicant contains an entry from another former Soldier stating that he had served in the machine gun platoon of the 132nd Infantry.  He received three mortar wounds and was treated in the field and returned to duty.  A few weeks later his company commander presented three other men and himself with a Purple Heart [does not name or reference the applicant].  The weird part was that after pinning the medal on each Soldier, the commander removed it and put it in his pocket.  The author of the entry was attempting to locate anyone else who had been there who might remember the incident so that his records could be corrected to show the award.

7.  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 U.S.  Substantiating evidence must be provided to verify that 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.  The applicant contends that his military records should be corrected to show award of the Purple Heart for wounds received in during World War II.

2.  There are no available general orders showing the applicant was awarded the Purple Heart.  The available documentation indicates that he was not wounded in action.  Furthermore, there is no medical evidence showing that he received treatment for any wounds received as a direct result of enemy action.

3.  While the VA decided to award the applicant a 20 percent disability for residuals of shrapnel wounds, it does not provide sufficient evidence upon which to base award of the Purple Heart.

4.  In view of the above, regrettably, the applicant's request should be denied.

5.  This action in no way diminishes the sacrifices made by the applicant in his service to our Nation.  The applicant and all Americans should be justifiably proud of their 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)                                         AR20110010300





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010300



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1