IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20120000788
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 her husband, a deceased former serviceman (FSM), be awarded the Purple Heart.
2. The applicant states she wants to show the Purple Heart on his headstone. She has the actual medal but she cannot find the paperwork.
3. The applicant provides copies of the FSM's 2011 death certificate, his
WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), and the front and back of a Purple Heart Medal.
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 FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. His records were seriously damaged in that fire. However, sufficient documents are available to conduct a fair and impartial review of this case.
3. The FSM was commissioned and entered active duty on 25 November 1944. He served in the Pacific Theater as a unit level non-tactical officer from 25 March 1945 to 19 February 1946 and earned campaign credit for the Leyte and Luzon campaigns.
4. He was honorably separated from active duty on 16 June 1946. His authorized awards are listed as the Asiatic-Pacific Service Medal with two bronze service stars, American Campaign Medal, World War II Victory Medal, and Philippine Liberation Medal with two bronze service stars.
5. A health record research project commonly referred to as the "SGO Files" involved transposing hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.
6. The applicant's name does not appear in the SGO files and his medical records are not available.
7. 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.
8. The Purple Heart photos that were submitted by the applicant do not show the FSM's name engraved on the back.
DISCUSSION AND CONCLUSIONS:
1. The actual medal that the applicant cites as evidence that the FSM was awarded the Purple Heart does not appear to have the FSM's name engraved on the back.
2. There is no significant available evidence that the FSM was wounded or awarded the Purple Heart.
3. Regretfully, in view of the foregoing there is no basis for granting the applicant's requested relief.
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) AR20120000788
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120000788
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100029801
The applicant, the daughter of a former service member (FSM) to whom the FSM has given general power of attorney, requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Purple Heart and to show he received wounds in combat. The FSM's military record is not available to the Board for review. Therefore, the Board requests that the Case Management Division administratively correct the records of the FSM by...
ARMY | BCMR | CY2013 | 20130018550
Application for correction of military records (with supporting documents provided, if any). The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's record to show the Purple Heart and any other medals or awards he earned. She provides: * the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * the FSM's Certificate of Death * e-mail correspondence * a letter from the National Personnel Records Center...
ARMY | BCMR | CY2013 | 20130008638
The FSM's military records are not available to the Board for review. The applicant requests that the FSM's military records be corrected to show two awards of the PH and to show them on his WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds received in action on 14 January 1944; b. adding to item 34 (Wounds Received in Action) the entry, 14 January...
ARMY | BCMR | CY2004 | 2004100178C070208
The applicant, the son of a deceased former service member (FSM), requests, in effect, that the FSM be awarded the Purple Heart for a wound he received while in France during World War II. The FSM's Enlisted Record and Report of Separation, shows his entitlement to the European-African-Middle Eastern Campaign Medal; however, it does not show the service stars to which the FSM is entitled for his campaign participation. There is no evidence in the available records that the FSM sustained a...
ARMY | BCMR | CY2014 | 20140021383
The applicant provides: * a letter, dated 17 November 2014, to his Congressional representative from the National Personnel Records Center (NPRC) * his WD AGO Form 100 (Separation Qualification Record) CONSIDERATION OF EVIDENCE: 1. The applicant's military records are not available to the Board for review. Evidence shows that the applicant's records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2008 | 20080011822
Item 32 (Battles and Campaigns), of the FSM's WD AGO Form 53-55, shows only the entry, "Germany." The FSM's WD AGO Form 53-55 shows, in Item 33 (Decorations and Citations), he received: the European-African-Middle Eastern Campaign Medal with one bronze service star; the Good Conduct Medal; the Purple Heart; the American Campaign Medal; and the World War II Victory Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2012 | 20120009825
The applicant's military service records are not available to the Board for review. It also shows in: a. item 4 (Arm or Service): Ordnance; b. item 6 (Organization): 578th Ordnance Ammunition Company; c. item 30 (Military Occupational Specialty and Number): Munition Worker (901); d. item 31 (Military Qualification and Date): "Records lost thru fire"; e. item 32 (Battles and Campaigns): * Rhineland * Central Europe f. item 33 (Decorations and Citations): * European-African-Middle Eastern...
ARMY | BCMR | CY2006 | 20060010179
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant, as the widow of a deceased former service member (FSM), requests, in effect, that her husbands records be corrected to show he was wounded and to show award of the Purple Heart for wounds he received during World War II. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Bronze...
ARMY | BCMR | CY2006 | 20060001722C070205
The applicant requests, in effect, that the Purple Heart and the Bronze Star Medal be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge. Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53- 55, shows the entry, "None." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the European-African-Middle Eastern Campaign Medal from the applicant's WD AGO...
ARMY | BCMR | CY2009 | 20090008731
The FSM's service record is not available for the Board's review. Notwithstanding the entry on his WD AGO Form 53-55 for the period ending 31 October 1945, the evidence shows that the FSM was hospitalized on two occasions - once to receive treatment for the gunshot wound he accidentally received and the second time for repair of an inguinal hernia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...