IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120005094
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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he received a combat injury in his eye and award of the Purple Heart.
2. The applicant states his service records from World War II (WWII) note he was hospitalized and treated for eye disease in 1944; however, he had no symptoms of an eye disease. During an enemy artillery shelling barrage, one of the shells exploded near his position and injured his eye. The 235th Combat Engineer Battalion doctor was not able to extract the shrapnel; therefore, he was flown to a hospital where a small piece of shrapnel was removed. This confirms his eye was injured during combat and not as a result of an eye disease.
3. The applicant provides a self-authored statement, an excerpt from an article, and a photo of a man in uniform.
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 applicant's complete 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 (NPRC) 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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 February 1943 and he entered active service on 23 February 1943. He held military occupational specialty (MOS) 078 (Electrician) and was assigned to Headquarters and Service Company, 235th Engineer Battalion. The highest rank he held was Technician Grade 5.
a. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show award of the Purple Heart.
b. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "None."
4. There were no medical records available for review and the applicant did not provide any with his application.
5. The applicant provided a self-authored statement wherein he mentioned he had the opportunity to view his Official Military Personnel File (now known as the Army Military Human Resource Record) and noticed that some of the information was not accurate. He claims his record shows he was admitted to the hospital for an appendectomy and eye disease. The appendectomy was a disease; however, the eye injury was a combat wound.
6. 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:
Unfortunately, there is no medical evidence available for review and the applicant did not provide any evidence that shows his eye injury was a result of hostile enemy action. Absent such evidence, 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) AR20120005094
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ABCMR Record of Proceedings (cont) AR20120005094
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