IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013805
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart.
2. The applicant states he received the Purple Heart as a result of enemy action in combat, but it was never recorded in his file. A U.S. Army Signal Corps photograph and part of a news release show he was awarded the Purple Heart.
3. The applicant provides his WD AGO Form 53-55, Honorable Discharge Certificate, and four photographs.
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 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 the applicant's 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 applicant's available records show he was inducted into the Army of the United States on 20 February 1943; entered active duty at Fort Benjamin Harrison, IN, on 27 February 1943; and held military occupational specialty 745 (Rifleman). He was assigned to the 475th Infantry Regiment. He served in the Asiatic-Pacific theater from 25 May 1944 through 17 November 1945.
4. On 24 December 1945, he was honorably discharged. The WD AGO
Form 53-55 he was issued shows the following entries:
* item 33 (Decorations and Citations) American Campaign Medal, Asiatic-Pacific Campaign Medal with five bronze service stars, Army Good Conduct Medal, Distinguished Unit Badge, and World War II Victory Medal
* item 34 (Wounds Received in Action) "None"
5. There is no evidence in the reconstructed records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
6. The applicant provides a photograph showing a Soldier with a Purple Heart pinned to his uniform. He also provides a second photograph purported to be the backside of the first photograph, dated 21 February 1945, in which part of the typed words are shown and stated the applicant was awarded the Purple Heart for wounds as the result of enemy fire.
7. 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. There is no evidence in applicant's reconstructed record and he has not provided sufficient evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.
2. He provides a photograph of a Soldier he states is him with a Purple Heart pinned to the uniform; however, a photograph alone does not establish that the Soldier in the photograph was wounded as the result of enemy action and does not show that he was treated for those wounds. Notwithstanding his sincerity, in the absence of orders or other documentary evidence to show he was wounded as the result of enemy action and treated for those wounds, there is no basis to add the Purple Heart to his WD AGO 53-55.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110013805
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ABCMR Record of Proceedings (cont) AR20110013805
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