BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20120020039
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 that his deceased father, a former service member (FSM), be awarded the Purple Heart.
2. The applicant states family members stated the FSM had at least one Purple Heart and possibly additional awards.
3. The applicant provides the:
* FSM's death certificate
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge)
* applicant's birth certificate
* applicant's driver's license (unreadable)
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 was inducted and entered into active service in the Army of the United States on 5 May 1942. He was awarded military occupational specialty
566 (Duty Noncommissioned Officer).
3. The FSM arrived in the European-African-Middle Eastern Theater on
17 August 1942. Although the exact dates are not shown, his military service records show he was transferred to:
* Headquarters, Western Base Section (WBS), on 22 September 1942
* 30th General Hospital, on 21 October 1942
* Headquarters Company, WBS, on 21 November 1942
* Headquarters, 5th Port of Embarkation, on 22 March 1943
* Headquarters, WBS, European Theater of Operations, U.S. Army, on
14 February 1944
* 82nd Combat Engineer Battalion, on 24 October 1945
4. On 10 November 1945, he departed the European-African-Middle Eastern Theater.
5. On 27 November 1945, the FSM was discharged. He had completed 3 years, 6 months, and 23 days of active service that was characterized as honorable. He was issued a WD AGO Form 53-55 for this period of service.
a. Item 33 (Decorations and Citations) shows he was awarded the:
* European-African-Middle Eastern Campaign Medal
* Army Good Conduct Medal
* World War II Victory Medal
b. Item 34 (Wounds Received in Action) contains the entry "None."
6. A review of the FSM's service records did not reveal any additional awards that he may have been entitled to during his period of service.
7. Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his father should have been awarded the Purple Heart.
2. The applicant did not make any statement as to what type of injury or wound the FSM may have received as a result of action against the enemy.
3. Item 34 of the FSM's WD AGO Form 53-55 does not show that he received any wounds in action.
4. There are no official documents or substantative evidence available to show the FSM was wounded as a result of enemy action. Therefore, regrettably, there is insufficient evidence in this case to award the Purple Heart.
5. A review of his service records did not reveal any additional awards the FSM may have been entitled to during his period of service.
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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant's father in
service to our Nation. The applicant and all Americans should be justifiably proud of his father's 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) AR20120020039
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ABCMR Record of Proceedings (cont) AR20120020039
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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