IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110015815
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 that he be awarded the Purple Heart and the Bronze Star Medal (BSM).
2. The applicant states that his medical records were burned in a tent at headquarters.
3. The applicant provides a copy of his birth certificate, a copy of his WD AGO Form 53-55 ((Enlisted Record and Report of Separation Honorable Discharge), a copy of his Department of Veterans Affairs enrollment, and a copy of a hospital admissions 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. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC 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 to conduct a fair and impartial review of this case.
3. The applicant volunteered for induction at Fort McClellan, Alabama on
16 September 1942.
4. He completed his training as a special vehicle operator and departed for the Asiatic Pacific Theater of Operations (APTO) on 13 June 1943. He served in the New Guinea, Northern Solomons, and Southern Philippines (Liberation) campaigns and departed the APTO on 22 November 1945.
5. On 21 December 1945, he was honorably discharged at Camp Shelby, Mississippi. He had served 3 years, 3 months, and 6 days of active service and his WD AGO Form 53-55 shows that he was awarded the APTO Campaign Medal, the Philippine Liberation Ribbon with one bronze service star, the Good Conduct Medal, the Meritorious Unit Award, and the World War II Victory Medal.
6. In block 34 of his WD AGO Form 53-55, under Wounds Received in Action, is the entry NONE.
7. A review of the information from hospital admission cards created by the Department of the Army Office of the Surgeon General for the period of 1942 1945 shows that in March 1944 he was treated for a fungal infection of the feet and that the applicant sustained a non-battle injury in April 1944 (simple fracture of the first metacarpal bone). He was in the Solomon Islands at the time.
8. 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.
9. Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was wounded during World War II is not in doubt, there simply is no evidence to support his claim in the available records.
2. The hospital records that are available do not show that the applicants injuries were combat-related and unfortunately it is difficult at best to determine what happened in the applicants case without sufficient evidence 65+ years after the fact.
3. Therefore, in the absence of sufficient evidence to establish his entitlement to the awards of the Purple Heart and the BSM, there appears to be no basis to grant his request.
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) AR20110015815
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ABCMR Record of Proceedings (cont) AR20110015815
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