IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120005199
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 correction of his military records to show he was awarded the Purple Heart for wounds received in Okinawa, Japan in 1945.
2. The applicant states he was burned with a flame thrower while approaching a cave/tunnel under enemy fire.
3. The applicant provides:
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* his Department of Veterans Affairs (VA) medical records, including copies from his military service medical records
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 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 the applicant's records were lost or destroyed in that fire. However, there are sufficient documents available with this application for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows:
a. On 30 October 1944, he was inducted into the Army of the United States.
b. On 12 August 1945, he arrived for duty in the Pacific Theater of Operation (PTO).
c. On 23 August 1946, he departed the PTO.
d. He was assigned to the Infantry Branch and he held military occupational specialty 345 (light truck driver).
e. No entry for wounds received in action.
f. His decorations, citations and badges include the:
* Asiatic Pacific Campaign Medal
* Army of Occupation Medal
* Good Conduct Medal
* World War II Victory Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
g. He was honorably discharged on 31 October 1946 at demobilization.
4. A Form 55F (Medical Department, U.S. Army - Progress Notes), contains an entry, dated 12 April 1946, indicating the applicant was admitted due to
3rd degree burns of his leg.
5. W.D., M.D. Form Number 8-33. dated 21 June 1946, essentially shows in item 11 (Final Diagnosis, Additional Diagnosis, Operations, Change of Status) that on 8 February 1946 the applicant received 2nd degree burns to his right leg when
gasoline ignited on his trousers while he was lighting fires. An additional document titled, History of the Present Illness, states, "On 8 Feb 46, burned by gasoline spilled on his trousers when he was light [sic] fires and match caught his pants on fire. Treated by 7th Medics
." This document also indicates he received medical treatment over a 2-month period. The area had diminished very slowly and it was felt further treatment was indicated.
6. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.
7. It further states examples of injuries or wounds which clearly do not justify award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by
enemy action; and self-inflicted wounds, except when in the heat of battle and not involving gross negligence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he was awarded the Purple Heart for wounds received in Okinawa, Japan in 1945.
2. The evidence clearly shows he received burns to his right leg and that those burns were given medical treatment. However, it appears his injury was caused by an accident when a match he lit caught his pants on fire. There is also no available evidence showing that enemy action was the proximate cause of his burns.
3. In view of the above, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. This action in no way diminishes the sacrifices made by the applicant in his 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) AR20120005199
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ABCMR Record of Proceedings (cont) AR20120005199
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