BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110010498
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 award of the Purple Heart.
2. The applicant states, in effect, medical records show he was hit in the face with shrapnel while at Wallcity, Philippines in October 1945. He further states that medical records and Morning Reports show he was treated at the 126th Field Hospital. The applicant states he was unaware of the Purple Heart until disclosed by the Department of Veterans Affairs.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
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 applicant's WD AGO Form 24 (Service Record) shows he was inducted into the Army of the United States on 6 April 1945 and entered active service in the Infantry at Fort Bragg, North Carolina. On 21 November 1945, he arrived in the Asiatic-Pacific Theater of Operations (Japan) where he served through March 1946.
3. On 5 March 1946, the applicant was honorably discharged at the convenience of the government for the purpose of enlisting in the Regular Army. His service record shows he was discharged in the rank private first class, possessed "excellent" character, and had no lost time.
4. The applicants record contains a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) dated 7 March 1946. Item 41 (Wound, Injury, or Disease Incurred in Line of Duty - Condition) shows None.
5. The applicants record also contains a WD AGO Form 53-55 which shows he enlisted in the Regular Army on 6 March 1946 while stationed in Japan. On 4 April 1946, he arrived in the United States where he served until he was honorably discharged on 26 June 1946 after completing 1 year, 1 month, and 23 days of active military service. This form shows he was assigned to the 21st Infantry Regiment and had performed duties in military occupational specialty 060 (Cook).
6. The WD AGO Form 53-55 shows the applicant was awarded the World War II Victory Medal. It does not show award of the Purple Heart and it does not show he received wounds in action.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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:
1. The applicant's records do not show he suffered or was treated for a combat wound or injury. Additionally, there is no reference in his service records to a combat wound or injury or treatment for such wound or injury. His records are void of orders which show he was awarded the Purple Heart and the document he submitted does not show he was wounded or injured as a result of hostile action or treated for such wounds.
2. Notwithstanding the applicant's sincerity, in the absence of additional documentation which conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record there is, regrettably, an insufficient basis for awarding him the Purple Heart.
3. The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him 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) AR20110010498
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ABCMR Record of Proceedings (cont) AR20110010498
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