BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120005447
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, award of the Purple Heart and correction of his military records to show he was awarded the Purple Heart.
2. The applicant states he was wounded twice but did not receive the Purple Heart. His separation documents show he was wounded in action twice.
3. The applicant provides:
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* WD AGO Form 100 (Separation Qualification Record)
* General Orders Number 342, 63d Infantry Division, dated 9 July 1945
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 the applicant's records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows:
a. he was inducted into the Army of the United States on 6 September 1944 and entered active duty that same day;
b. he served in the European theater of operations from 31 January 1945 to 10 July 1946;
c. he was assigned to Company C, 254th Infantry Regiment;
d. he was awarded the Army of Occupation Medal, European African Middle-Eastern Campaign Medal, Army Good Conduct Medal, Silver Star, World War II Victory Medal;
e. he received no wounds as the result of enemy action; and
f. he was discharged on 26 July 1946 by reason of demobilization.
4. The applicant's orders for the Silver Star do not indicate in the citation that he was wounded in action.
5. The Summary of Military Operations section of the applicant's WD AGO
Form 100 states he was wounded in action twice.
6. Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart for being wounded in action twice and his military records should be corrected to show he was awarded the Purple Heart.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The WD AGO Form 100 provided by the applicant clearly states he was twice wounded in action; however, it does not provide any information about the circumstances surrounding these wounds. Furthermore, there is no evidence showing that either of these wounds required medical treatment or that such treatment was rendered. The available documents do not offer any corroboration for the entry on his WD AGO Form 100.
3. In view of the above, the applicant's request for award of the Purple Heart should be denied.
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. 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.
___________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) AR20120005447
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ABCMR Record of Proceedings (cont) AR20120005447
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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