IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022606
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 the award of the Purple Heart.
2. The applicant states, in part:
* while on patrol, he was wounded by a hand grenade in the Philippines
* he received shrapnel wounds to his back and neck when the enemy threw a hand grenade at his jeep
* he went to a medical tent for treatment
* the medic gave him a Purple Heart
3. The applicant provides:
* his WD AGO Form 53-55
* a 12-page self-authored statement
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 ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, a partially reconstructed military personnel record and his WD AGO Form 53-55 are sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows the applicant was inducted into the Army of the United States on 25 October 1943 and entered active duty on 16 November 1943.
4. His WD AGO Form 53-55 shows he served in the Pacific Theater of Operations and participated in the Battle of Luzon in the Southern Philippines. Item 34 (Wounds Received in Action) of this form shows the entry "None," indicating he did not receive any wounds in action during his period of service. He separated on 12 February 1946.
5. The applicant's military medical records are not available for review.
6. 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. There are no medical records that show the FSM received wounds incurred as a result of hostile action. Additionally, item 34 of his WD AGO Form 53-55 shows the entry "None."
2. Although he states he was wounded by a hand grenade in the Philippines, his record contains no corroborating evidence and none was provided by the applicant that shows he was wounded or injured as a result of hostile action or treated for such wounds.
3. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded by hostile action; that the wound required treatment by medical personnel; and the medical treatment must have been made a matter of official record.
4. Regrettably, in view of the foregoing there is an insufficient evidentiary basis for the granting the applicant's requested relief.
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 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 to 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 the applicant'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) AR20120022606
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ABCMR Record of Proceedings (cont) AR20120022606
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