BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120008148
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart.
2. The applicant states he received severe injuries to his back and knees on
10 February 1945 when the Landing Ship Tank (LST) 577 was torn in two and sunk by an enemy submarine. Only 48 of the 500 individuals on board survived the attack.
3. The applicant provides copies of his:
* WD AGO Form 53-55
* Letter of support, dated 31 October 2011
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 the applicant's records were lost or destroyed in that fire. However, the documents submitted by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.
3. The WD AGO Form 53-55 provided by the applicant shows that he:
a. was inducted into the Army of the United States, on 7 January 1944, and he entered active duty on 28 January 1944;
b. served in the Pacific Theater of Operations (PTO) from 2 October 1944 to 24 January 1946, and arrived back in the United States on 12 February 1946;
c. participated in three campaigns: New Guinea, South Philippine, and Luzon;
d. received no wounds in action;
e. was awarded the Asiatic-Pacific Theater Ribbon with three bronze service stars, Philippine Liberation Ribbon with one bronze service star, Good Conduct Medal, and the World War II Victory Medal; and
f. was separated on 20 February 1946.
4. The letter of support provided by the applicant purports to have been written by a seaman first class, U.S. Navy, who served on board the LST 577 from
4 October 1943 to 1945. He states that on Sunday, 11 February 1945, at about 9:00 am, the LST 577 was in convoy when an enemy submarine fired a torpedo and the LST 577 was cut in half. The rear half sank very fast while the front half remained afloat. They were rescued by another ship. Many crew members, Army personnel, and supplies that had been taken on at Hollandia, New Guinea were lost. The author states he and the applicant were survivors.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence showing the applicant received wounds as a result of enemy action, or that he was given medical treatment for any such wounds.
2. The letter of support provided by the applicant states the applicant was aboard LST 577 when it was torpedoed, but the letter does not state what type, or if the applicant received any injuries.
3. 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 their service in arms.
4. In view of the above, the applicant's request should be denied.
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 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) AR20120008148
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120008148
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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