IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110023264
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 not awarded the PH he was told he would receive for his wounds.
3. The applicant provides no additional documents.
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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the NPRC reconstructed record which primarily consists of his WD AGO Form 53-55 and the documents provided by the applicant.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 26 February 1943 and entered active service on 5 March 1943. It also shows he held military occupational specialty (MOS) 776 (Radio Operator Low Speed) and he served in the Asiatic Pacific Theater of Operations (APT) from 27 September 1943 to 26 November 1945. It further shows in:
a. Item 33 (Decorations and Awards) the:
* World War II Victory Medal
* Asiatic Pacific Campaign Medal
* Philippine Liberation Medal
* Army Good Conduct Medal
b. Item 34 (Wounds Received in Action) the entry "None."
4. The WD AGO Form 53-55 also shows he was honorably discharged from active duty on 17 December 1945, having completed 2 years, 3 months, and
3 days of total active service.
5. There are no documents in the reconstructed NPRC record that indicate the applicant was ever recommended for or awarded the PH by proper authority
while serving on active duty. There are also no medical treatment records or hospital reports on file that indicate he was ever treated for a combat-related wound or injury during his active duty tenure.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the PH.
2. By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by medical personnel, and a record of this treatment must have been made a matter of official record.
3. The available evidence of record fails to document he was wounded in action or treated for a combat-related wound or injury by medical personnel. There is also no available evidence that shows he was recommended for or awarded the PH by proper authority while serving on active duty.
4. Absent documentary evidence to corroborate the applicant's claim, the regulatory burden of proof necessary to support correction of his record to show award of the PH has not been met in this case.
5. The applicant and all others concerned should know that 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.
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) AR20110023264
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ABCMR Record of Proceedings (cont) AR20110023264
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