IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110013799
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. He states he was involved in the invasion and occupation of Okinawa between July and August 1945. During one of the engagements, he was hit in his hand with a piece of shrapnel. He went to sick call and a medic removed the shrapnel from his hand.
3. He adds that he was assigned to the 18th Infantry Division, serving as a rifleman. He wants his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) corrected to reflect his combat injury and award of the Purple Heart.
4. He provides:
* Two WD AGO Forms 53-55
* A copy of a business card
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. His 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 his records were lost or destroyed in that fire. However, a partially reconstructed military personnel record and his
WD AGO Form 53-55 are sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States on 10 January 1945. He held military occupational specialties 844 (Gun Crewman Light Artillery) and 835 (Supply Clerk) during his tours of duty.
4. His two WD AGO Forms 53-55 show he was assigned to Cannon Company, 184th Infantry Regiment and Company C, 128th Training Battalion. He served in Asiatic-Pacific Theater of Operations (APTO) from 13 June to 1 December 1945.
5. Item 34 (Wounds Received in Action) of his two WD AGO Forms 53-55 does not show any wounds and item 33 (Decorations and Citations) does not show he was awarded the Purple Heart. He was honorably discharged on 30 April 1947.
6. A hospital listing from the U.S. Army Surgeon Generals Office does not show he was treated for any injuries as a result of hostile action.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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. His request for award of the Purple Heart was carefully considered. However, by regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action; that the wound required treatment by medical personnel; and the medical treatment must have been made a matter of official record.
2. There are no medical records that support his claim and his two WD AGO Forms 53-55 indicate he was not wounded in action.
3. The veracity of his claim that he was wounded while serving in the APTO during WWII is not in question; However, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
4. As a result, there is insufficient evidence to grant the requested relief.
5. The applicant and all others concerned should know that 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) AR20110013799
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013799
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