IN THE CASE OF:	  

		BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110020510 


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.  The applicant states, in effect, while on his tour of duty in the Philippines he was injured during two separate bomb attacks.  During one attack he received a head wound which required stitches; and during the second bomb attack he was thrown resulting in an injury to his wrist and back.  He contends he still gets cysts in those injured areas.  As a final point, he states he contracted Jungle Fever (Malaria) and he was hospitalized for ten days.  He still suffers from occasional outbreaks of this disease.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation), Honorable Discharge Certificate, brief account of his military service, a letter from an American Legion Representative, letter written by the applicant, and two newspaper articles.

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 for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that his records were lost or destroyed in that fire.  However, his reconstructed records contain a WD AGO Form 53-55 which is considered sufficient evidence to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows:

	a.  On 28 May 1943, he was inducted into the Army of the United States at Peoria, IL and entered active service on 11 June 1943.

	b.  He served in the Asiatic-Pacific Theater of Operations from 25 February 1944 to 24 December 1945.  He completed 2 years, 7 months, and 7 days of creditable active service of which 1 year, 11 months, and 12 days was foreign service.

	c.  He was honorably discharged for the convenience of the Government at demobilization on 16 January 1946 in the rank of technician five.  At the time of his discharge he held military occupational specialty 196 (Sanitary Technician) while assigned to 62nd Malaria Control Detachment.

	d.  He participated in the New Guinea and Luzon Campaigns.

	e.  He was awarded the Asiatic-Pacific Theater Campaign Medal, Army Good Conduct Medal, Philippine Liberation Ribbon with bronze service star, and Overseas Service Bar (4).

	f.  He did not receive any wounds during his service.

4.  A Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement lists his significant injuries as:

* Sprained back - March 1945
* Lipoma on back - March 1945

5.  There are no documents in the available record confirming he was wounded in action or awarded the Purple Heart while serving on active duty.



6.  He provides:

   a.  A brief summary of his military service, dated 15 December 1945, and written by his commander of two months.  This form does not indicate the applicant was wounded or hospitalized but it does confirm his service in New Guinea and Luzon in the Philippines.  Further, it lists his awards as the Asiatic-Pacific Theater Ribbon with two battle stars, Philippine Liberation Ribbon with one battle star, World War II Victory Medal, and the Army Good Conduct Medal.

   b.  A newspaper article titled "Fighting malaria and air raids."  In the article he asserts he was wounded by shrapnel from Japanese bombs on four or five occasions.
   
   c.  Two letters, one written by his nephew and one written by the applicant, which detail his military service and combat operations while serving in Japan and the Philippines.

7.  The Purple Heart was established by General George Washington at Newburgh, NY, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

8.  Army Regulation 600-8-22 (Military Awards) provides that 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 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 requests award of the Purple Heart.

2.  Regulatory guidance states in order to support the award of the Purple Heart 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.

3.  Item 34 of his WD AGO Form 53-55 contains the entry “None” indicating he was not wounded in action during the period of active service covered by the separation document.  Further, the physical examination conducted prior to his separation does not indicate a combat wound.  As a result, absent any evidence confirming he was wounded in action and/or awarded the Purple Heart by proper authority, the regulatory burden of proof necessary to support award of the Purple Heart has not been met in this case.

4.  In view of the above, his request should be denied.

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)                                         AR20110020510





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ABCMR Record of Proceedings (cont)                                         AR20110020510



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