BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110023803 


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 he sustained a bullet wound during World War II (WWII). 
He is currently receiving compensation from the Department of Veterans Affairs (VA).

3.  The applicant provides:

* a letter from his Member of Congress
* a letter from the Army Review Boards Agency
* a letter from the VA
* a letter from Massachusetts General Hospital
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* his WD AGO Form 100 (Army Separation Qualification Record)
* his WD Form 372A (Final Payment – Worksheet)

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 to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 15 March 1943 and entered active duty in Boston, MA, on 22 March 1943.  This form also shows he held military occupational specialty 256 (Welder Electric Combination) and he was assigned to Company C, 321st Infantry Regiment, Fort Devens, MA, at the time of his separation,

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 9 January 1944 and arrived in the Asiatic-Pacific Theater (APT) on 30 January 1944.  He departed the APT on 11 January 1946 and arrived in CONUS on 24 January 1946.

5.  He completed 1 year, 2 months, and 24 days of continental service and 1 year, 7 months, and 15 days of foreign service.  He was honorably released from active duty on 1 February 1946 due to demobilization.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Western Pacific and Southern Philippines campaigns during his service in WWII.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific Theater Campaign Ribbon, Army Good Conduct Medal, WWII Victory Medal, American Theater Campaign Ribbon, and Philippine Liberation Ribbon with one bronze service star.  Item 33 does not show award of the Purple Heart.

8.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

9.  On 16 October 2007, he was issued a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) that added the Leyte campaign as well as awards of the:

* Combat Infantryman Badge
* Bronze Star Medal
* Philippine Republic Presidential Unit Citation
* Asiatic-Pacific Theater Campaign Ribbon with three bronze service stars
* American Campaign Medal [in lieu of the American Theater Campaign Ribbon]

10.  His reconstructed record contains a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), dated 31 January 1946, which shows the following:

* he sustained an injury to his right leg in April 1944 that did not require hospitalization
* he was treated for hemorrhoids in 1944 that did not require hospitalization

11.  He submitted a copy of a VA letter, dated 13 December 1949, that confirms he is in receipt of disability compensation from the VA on account of service-connected disability.

12.  The Purple Heart was established by General George Washington at Newburgh, New York, 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 is 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.

13.  Army Regulation 600-8-22 (Military Awards) provides that 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 medical treatment, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by an enemy-placed mine or trap; injury caused by an enemy-released chemical, biological, or nuclear agent; injury caused by a vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy-generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends he should be awarded the Purple Heart.

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  The applicant's available medical records do not show he suffered a combat wound or injury or that he was treated for a combat wound or injury.  Additionally, there is no reference in his service records to a combat injury or wound or treatment for such injury or wound.  His record is void of orders that show he was awarded the Purple Heart and there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds.

4.  Regrettably, notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant.

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 made by him 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)                                         AR20110023803



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ABCMR Record of Proceedings (cont)                                         AR20110023803



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