IN THE CASE OF:
BOARD DATE: 30 April 2013
DOCKET NUMBER: AR20120017286
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 two awards of the Bronze Star Medal and two awards of the Purple Heart.
2. He states he was given these awards, but they aren't reflected on his discharge document.
3. He provides his WD AGO Form 53-55.
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 NPRC 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 shows he was inducted into the Army of the United States on 3 March 1943 and he entered active service on 10 March 1943. He was honorably discharged on 14 January 1946. This discharge document also shows in:
a. item 6 (Organization) he was assigned to Headquarters Battery, 284th Field Artillery Battalion;
b. item 31 (Military Qualification and Date (i.e., infantry, aviation, and marksmanship badges, etc.)) he was awarded the Marksmanship Qualification Badge with Rifle Bar (M-1) and Marksmanship Badge with Carbine Bar;
c. item 33 (Decorations and Citations) he was awarded one award of the Bronze Star Medal. There is no entry for any awards of the Purple Heart;
d. item 34 (Wounds Received in Action) the entry "None;" and
e. item 36 (Service Outside Continental United States and Return) he arrived in Scotland on 14 July 1944 and departed on 11 December 1945.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
b. 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's contention that he received two awards of Bronze Star Medal is acknowledged. His WD AGO Form 53-55 currently reflects one award of the Bronze Star Medal. However, the available evidence does not show and he has not provided any evidence that shows he was recommended for or awarded a second award of the Bronze Star Medal. Therefore, there is an insufficient evidentiary basis for correcting his WD AGO Form 53-55 to show a second award of the Bronze Star Medal.
2. He contends he also received two awards of the Purple Heart. However, the available evidence does not include orders which authorized him any awards of the Purple Heart and no medical documents are available which show he sustained injuries or wounds as a result of hostile action during World War II. In addition, his WD AGO Form 53-55 does not reflect he received any wounds in action.
3. 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 any awards of the Purple Heart or to correct his WD AGO Form 53-55 to show these awards.
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) AR20120017286
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ABCMR Record of Proceedings (cont) AR20120017286
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