BOARD DATE: 27 August 2014
DOCKET NUMBER: AR20140000650
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, in effect, two awards of the Purple Heart.
2. The applicant states:
* he would like to be awarded the Purple Heart for being injured while serving during World War II
* he was injured twice during the war, once in France and once in the Philippines
* he received a "Bronze Star" for his actions
3. The applicant provides:
* WD AGO Form 100 (Separation Qualification Record)
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
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 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 the applicant's 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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 27 August 1943 and he entered active duty on 17 September 1943. He served in the European theater of operations from 23 July 1944 to 23 June 1945 and he served in the Asiatic-Pacific theater of operations from 1 August 1945 to 14 March 1946. He was honorably discharged on 4 April 1946.
4. His WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) shows the entry "None."
5. There are no orders for the Purple Heart in the available records.
6. There is no evidence in the available records that shows he was wounded as a result of hostile action during World War II.
7. His records contain information from the hospital admission cards created by the Office of the Surgeon General which states the applicant was hospitalized on 21 November 1945 in the Southwest Pacific for a non-battle injury. He injured his abdomen/back while on a work detail.
8. 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 contends he was injured twice during World War II.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires evidence to verify:
* the wound the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
3. Medical documentation shows he was hospitalized on 21 November 1945 in the Southwest Pacific for a non-battle injury. He injured his abdomen/back while working on a work detail.
4. There is no evidence in the available records and the applicant provided no evidence that shows he was wounded as a result of hostile action during World War II. Regrettably, there is insufficient evidence on which to base award of 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 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) AR20140000650
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140000650
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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