IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120003637
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, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show the award of the Purple Heart.
2. She states her father received a Purple Heart for his service in World War II. After she received a response to her inquiry of his service, there was no mention of the Purple Heart and she would like this reviewed.
3. The applicant provides:
* her State of Maine Record of Birth
* the FSM's record of death
* the FSM's WD AGO Form 100 (Army of the United States Separation Qualification Record)
* the FSM's WD AGO Form 53-55
* a letter from the National Personnel Records Center (NPRC)
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 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 his records were lost or destroyed in that fire. However, a partially reconstructed military personnel record and his WD AGO Form 53-55 are sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. The FSM was inducted into the Army of the United States on 5 November 1943 and he entered active service on 27 November 1943. He held military occupational specialties 745 (Rifleman) and 677 (Military Policeman) during his tour of duty.
4. The FSM's WD AGO Form 100 shows he served with the 9th Infantry Regiment, 2nd Infantry Division in the European Theater of Operations (ETO).
5. Item 34 (Wounds Received in Action) of the FSM's WD AGO Forms 53-55 shows the entry "None," indicating he did not receive any wounds in action during his period of service. He was honorably discharged on 14 December 1945.
6. The applicant provided a copy of a letter from the NPRC, dated 20 May 2011. This letter lists the FSM's authorized awards and decorations; however, there is no entry for the Purple Heart.
7. The FSM's record contains a Veterans Administration (VA) Form 3101 (Request for Information), dated 12 February 1959. This form shows a VA Medical Center submitted a request for records pertaining to the shrapnel wound to the FSM's left hand. The results showed there was no record of the Purple Heart being awarded.
8. A staff member of the Board made an inquiry to the U.S. Army Surgeon Generals Office (SGO) pertaining to the FSM's medical treatment for wounds during WWII; however, the SGO did not have any records on file pertaining to the FSM.
9. 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. There are no medical records that show the wounds the FSM received occurred as a result of hostile action. Additionally, item 34 of his WD AGO Form 53-55 shows the entry "None."
2. The applicant's claim that her father's hand was wounded while serving in the ETO during WWII is not in question; however, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded by hostile action; that the wound required treatment by medical personnel; and the medical treatment must have been made a matter of official record.
4. Regrettably, in view of the foregoing there is an insufficient evidentiary basis for the 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:
1. 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.
2. The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of the FSM's 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) AR20120003637
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ABCMR Record of Proceedings (cont) AR20120003637
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