IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120021699
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 award of the Purple Heart.
2. The applicant states, in effect, he was injured during World War II.
3. The applicant provides:
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* Birth Certificate
* WD AGO Form 100 (Army Separation Qualification Record)
* National Archives and Records Administration (NA) Form 13075 (Questionnaire About Military Service)
* NA Form 13055 (Request for Information Needed to Reconstruct Medical Data)
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* medical billing statement, dated 21 January 1957
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 and medical records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. The case is being considered using his WD AGO Form 53-55 and reconstructed records.
3. The applicant's WD AGO Form 53-55 contains the following pertinent information:
* he was inducted into the Army on 23 April 1941
* his military occupational specialty was 345 (Light Truck Driver)
* he served in the European Theatre of Operations (ETO) from 13 May 1942 to 16 August 1945
* he held the rank/grade of private first class at the time of separation
* he participated in the Tunisia, Naples-Foggia, Rome-Arno, North Apennies, and Po Valley campaigns
* he served 1 year and 16 days in continental United States (CONUS)
* he served 3 years, 3 months, and 26 days outside CONUS
* he was awarded the following:
* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with a bronze service arrowhead
* American Defense Service Medal
* Six Overseas Service Bars
4. Item 34 (Wounds) of his WD AGO Form 53-55 shows the entry "None."
5. On 4 September 1945, he was discharged for the convenience of the government due to demobilization.
6. His reconstructed service records contain information derived from Hospital Admission Cards by the Office of The Surgeon General, Department of the Army. In pertinent part, these documents show that in June 1942, the applicant suffered a severe knee strain in the line of duty and was hospitalized for 6 days.
7. A review of his reconstructed NPRC file failed to reveal documentation confirming he incurred an injury as a result of hostile action.
8. The applicant provides a copy of his birth certificate, separation qualification record, NA forms, WD AGO Form 53-55, and a medical billing statement which shows he had shrapnel removed from his finger.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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 request for award of the Purple Heart was carefully considered.
2. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
3. Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case.
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) AR20120021699
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ABCMR Record of Proceedings (cont) AR20120021699
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