BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110019594
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 is eligible for the Purple Heart for a wound to his foot he incurred while washing clothes in New Guinea in late 1943 or early 1944.
3. He provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and WD AGO Form 100 (Separation Qualification Record).
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 record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using the documents he provides and records in his reconstructed NPRC file.
3. On 16 September 1940, the applicant was inducted into the Army of the United States. On 24 September 1941, he was released from active duty and transferred to the National Guard of the United States by reason of hardship.
4. On 18 January 1942, he again entered active duty. His WD AGO Form 100 shows he served 24 months as a light truck driver and 24 months as a cook.
5. He was honorably discharged on 4 October 1945. His WD AGO Form 53-55 shows in:
* item 32 (Battles and Campaigns) New Guinea and Philippine Islands
* item 34 (Wounds Received in Action) None
6. The available records are void of documentation showing he was wounded during his military service.
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. The applicant states he incurred a wound to his foot while washing clothes in New Guinea in late 1943 or early 1944. The available records confirm he participated in the New Guinea campaign; however, there is no evidence showing he was wounded.
2. In the absence of documentation verifying he was wounded as the result of hostile action, that his wound required treatment by medical personnel, and that medical treatment of such a wound was made a matter of official record, there is an insufficient basis upon which to award him the Purple Heart.
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. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices he made 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) AR20110019594
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ABCMR Record of Proceedings (cont) AR20110019594
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