BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120009312
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 wounds he received in action and to show award of the Purple Heart.
2. He states he received a shrapnel wound while battling in the field.
3. He provides medical x-rays of his knee.
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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 from his reconstructed file shows he was inducted into the Army of the United States and entered active service on 8 November 1943. He served in the European-African-Middle Eastern Theater of Operations from 18 May 1944 to 14 August 1945.
4. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show award of the Purple Heart.
5. His WD AGO Form 53-55 does not indicate he received wounds in action. It appears item 34 (Wounds Receive in Action) includes the entry "None."
6. The x-rays provided by the applicant reveal an object in his knee.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he received a shrapnel wound while battling in the field. However, his medical x-ray does not confirm he was wounded as a result of hostile action during World War II.
2. In the absence of sufficient evidence of record which shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to award him the Purple Heart or to correct his WD AGO Form 53-55 to show he was wounded by a piece of shrapnel during World War II.
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) AR20120009312
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ABCMR Record of Proceedings (cont) AR20120009312
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