BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20130000937
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 the records of his deceased father, a former service member (FSM), be corrected to show he was wounded in action and awarded the Purple Heart.
2. The applicant states, in effect, the Army cannot find a record of the incident and the Purple Heart is not mentioned in the FSM's available evidence.
3. The applicant provides:
* FSM's death certificate
* FSM's social security card
* FSM's Veterans card
* Newspaper obituary
* Applicant's certificate of birth
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'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 his 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 FSM's WD AGO Form 53-55 is faded and hard to read. It shows he was inducted into the Army of the United States on or about 12 September 1942 and entered active duty in Charlottesville, VA, on or about 14 September 1942. This form also shows that at the time of separation he held military occupational specialty 745 (Light Truck Driver) and he was assigned to a Truck Company.
4. His WD AGO Form 53-55 also shows he departed continental United States (CONUS) on or about 13 September 1943 and arrived in the European Theater of Operations (ETO) on or about 23 September 1943. He departed the ETO on or about 3 November 1945 and arrived back in CONUS on or about 13 November 1945.
5. He completed approximately 1 year and 7 days of continental service and an unclear period of foreign service. He was honorably separated on 21 November 1945.
6. His WD AGO Form 53-55 shows in:
a. Item 31 (Military Qualifications and Date) he was awarded a Driver/Mechanic Badge and Rifle Badge.
b. Item 32 (Battles and Campaigns) that during his service in World War II he participated in the Central Europe, Rhineland, Ardennes, Southern France, Normandy, and one other unknown campaign.
c. Item 33 (Decorations and Citations) he was awarded the American Theater Service Ribbon, World War II Victory Medal, and European-African-Middle Eastern Campaign Medal.
d. Item 34 (Wounds Received in Action) "None."
7. Army Regulation 600-8-22 (Military Awards) provides that 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 that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. Notwithstanding the applicant's sincerity, there is no evidence in the FSM's available record that shows he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows the FSM sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the FSM 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.
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