IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110013410


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, in effect, award of the Purple Heart.

2.  The applicant states that it is unjust that he never received the Purple Heart for being wounded in combat under enemy fire.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), dated 7 January 1946
* WD AGO Form 100 (Separation Qualification Record)
* Letter Orders, Office of the Adjutant General, Army Records Center, St. Louis, MO, dated 22 July 1957, subject: Letter Orders – Bronze Star Medal
* Guidelines for the Issuance of Philippine World War II (WWII) Medals (Year 2005), Embassy of the Philippines
* DA Form 1577 (Authorization for Issuance of Awards), dated 22 July 1957
* letter, National Personnel Records Center (NPRC), dated 15 August 2005
* letter, Embassy of the Philippines, dated 20 October 2005
* letter from the applicant to a Member of Congress, dated 25 October 2005
* letter from the applicant to a Member of Congress, dated 25 October 2005
* letter from the Department of Veterans Affairs (VA), Records Management Center, St. Louis, MO, to the applicant's Member of Congress, dated January, 2006
* letter to the applicant from his Member of Congress, dated 10 January 2006
* letter from the applicant to the VA, Records Management Center, dated  16 February 2006
* letter from the applicant's physician, dated 30 March 2011
* photograph of a finger
* photocopy of General Douglas MacArthur wading ashore in the Philippines, along with information concerning designated campaigns for the Asiatic-Pacific Campaign Medal
* the Fall, 2009 edition of Wesley Towers Tapestry, a retirement community publication
* a photograph of U.S. Navy ship U.S.S. General R.L. Howze
* a photograph purported to be of General Douglas MacArthur leaving his Tokyo headquarters
* 2 maps of the U.S. Naval Campaign in the Pacific 

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 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 10 April 1943 and entered active duty on 17 April 1943.  On 7 January 1946, he was honorably discharged upon demobilization.  His WD AGO Form 53-55 shows:

* he served as a first sergeant in the infantry branch of service
* he departed for the Pacific theater of operations on 11 May 1944 and arrived on 26 May 1944
* he departed the Pacific theater of operations for the United States on an unknown date in 1945 and arrived on 27 December 1945
* he participated in the Ryukyus and Southern Philippines campaigns
* he was not previously awarded the Purple Heart
* he suffered no wounds while in service

4.  He provides multiple documents as evidence, including letters, photographs, and maps; however, none of the documents show he was wounded as a result of enemy engagement in combat.

5.  The Purple Heart was established by General George Washington at Newburgh, NY, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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 contends he should be awarded the Purple Heart.

2.  Regrettably, the evidence of record fails to show he was wounded in combat, or that his wounds required medical treatment, or that such treatment was made a matter of official record.  Absent evidence to the contrary, there is an insufficient basis to grant relief 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 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)                                         AR20090012380



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ABCMR Record of Proceedings (cont)                                         AR20110013410



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