IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110014880
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 (PH).
2. The applicant states he was wounded three times and received the PH; however, the National Personnel Records Center (NPRC) indicates he does not have the PH.
3. The applicant provides no documentary evidence in support of his application.
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 applicants military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed that the applicants records were lost or destroyed in that fire. This case is being considered using reconstructed records maintained at the NPRC which include a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), WD AGO Form 100 (Separation Qualification Record), and WD Form 372A (Final Payment Work Sheet).
3. The applicants WD AGO Form 53-55 shows he entered active duty on
12 August 1942, and he served in European Theater of Operations (ETO) from 11 April 1943 through 29 October 1945. Item 32 (Battles and Campaigns) shows he was credited with participating in the Normandy, Northern France, and Rhineland campaigns of World War II (WWII). Item 33 ((Decorations and Citations) does not include the PH in the list of awards entered, and item 34 (Wounds Received in Action) contains the entry None. It further shows he was honorably separated in the rank of private first class (PFC) on 16 November 1945, after completing 3 years, 3 months, and 5 days of military service.
4. The applicants WD AGO Form 100 shows he served with a port battalion as a photo laboratory technician developing films, printing proofs, doing projection or enlarging work and acting as the post photographer. It further indicates he operated a German camera to take all post pictures as ordered or desired by officers. In addition, it indicates he also operated a teletype machine for about a year.
5. There are no documents in the NPRC file confirming the applicant was wounded in action or awarded the PH while serving on active duty.
6. 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 applicants request that his WD AGO Form 53-55 be corrected to show award of the PH has been carefully considered. However, by regulation, in order to support award of the PH there must be evidence not only that a member was wounded as a result of enemy action, but also that the wound required treatment by military medical personnel and this treatment was made a matter of official record.
2. The applicants WD AGO Form 53-55, item 34, contains the entry None which indicates the applicant was not wounded in action during the period of active duty covered by the form. Further, there are no documents in the NPRC file or provided by the applicant that show he was ever wounded in action. As a result, absent any documentary evidence confirming the applicant was wounded in action and/or awarded the PH by proper authority, the regulatory burden of proof necessary to support award of the PH has not been met in this case.
3. The applicant and all others concerned should know that this action related to award of the PH 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.
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) AR20110014880
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