IN THE CASE OF:
BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130021906
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 record to show award of the Purple Heart.
2. The applicant states:
* no record was made showing he received the Purple Heart
* he would like his heirs to have the award in order to remember his service to his country
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge).
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 complete military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's WD AGO 53-55 shows he was inducted into the Army of the United States on 13 August 1943, entered active duty on 3 September 1943, and served until he was discharged on 6 October 1945. This form also shows in:
* item 36 (Service Outside Continental U.S. and Return) he served in the European Theater of Operations from 18 April 1944 to 19 September 1945
* item 34 (Wounds Received in Action) the entry "None"
4. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 contention that his record should be corrected to show award of the Purple Heart was carefully considered.
2. The sincerity of the applicant's contention is not in question. However, there is no evidence in the available record and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action. Therefore, there is an insufficient evidentiary basis for awarding him the Purple Heart or amending his WD AGO 53-55 to show he sustained a wound as the result of hostile action.
3. 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 his service in arms.
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 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) AR20130021906
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