IN THE CASE OF:	  

		BOARD DATE:  6 November 2012

		DOCKET NUMBER:  AR20120008318


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 the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his deceased father, a former service member (FSM), to show the Purple Heart (PH).

2.  The applicant states the FSM's DD Form 214 covering the period 19 June 1949 through 23 June 1952 should show the PH he received for an injury he sustained on 10 September 1950.

3.  The applicant provides:

* Certificate of Live Birth
* Self-authored Statement
* DD Forms 214 issued on 23 June 1952 and 23 April 1955
* WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and Honorable Discharge Certificate issued on     24 July 1945
* FSM Personal Information Listing
* Certificate of Death (2 pages)


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 FSM's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the NPRC reconstructed record which primarily consists of his WD AGO Form 53-55 and the documents provided by the applicant.

3.  The FSM's WD AGO Form 53-55 shows he initially enlisted in the Regular Army (RA), on 3 September 1940 and continued to serve until he was honorably discharged on 24 July 1945.  Item 34 (Wounds Received in Action) contains the entry "NONE" and the PH is not included among the list of awards shown on his WD AGO Form 53-55.

4.  On 19 June 1949, the FSM again enlisted in the RA.  His NPRC reconstructed record includes an Office of the Surgeon General Hospital Admission Record which shows he was admitted to a medical treatment facility in Japan in October 1950 for "affection of sacroiliac joint or congenital abnormality" a non-battle injury.

5.  On 23 July 1952, the FSM was discharged for the purpose of immediate reenlistment.  The DD Form 214 issued him does not include the PH.

6.  On 24 June 1952, the FSM reenlisted and continued to serve until he was honorably discharged from the RA on 23 April 1955.  The PH is not included among the list of awards shown on this document.

7.  There are no documents in the reconstructed NPRC record that indicate the FSM was ever recommended for or awarded the PH by proper authority while serving on active duty.  There are also no medical treatment records or hospital reports on file that indicate he was ever treated for a combat-related wound or injury during his active duty tenure.

8.  The applicant provides a document which lists some of the FSM's personal military information.  It indicates the FSM was otherwise seriously injured in action on 10 September 1950.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by medical personnel, and a record of this medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's DD Form 214 should be corrected to reflect the PH for an injury he sustained on 10 September 1950.  However, there is no evidence of record to substantiate the applicant's claim.

2.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by medical personnel, and a record of this treatment must have been made a matter of official record.

3.  The available evidence fails to show the FSM was wounded in action or treated for a combat-related wound or injury by medical personnel.  There is also no available evidence that shows he was recommended for or awarded the PH by proper authority while serving on active duty.

4.  Absent documentary evidence to corroborate the applicant's claim, the regulatory burden of proof necessary to support correction of his record to show award of the PH has not been met in this case.

5.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in 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)                                         AR20120008318



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008318



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1