IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20140003037
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, the son of a deceased former service member (FSM), requests award of the Purple Heart to his late father.
2. The applicant states:
* his mother always said his father never received the Purple Heart
* his mother passed away in July 2013
* he recently received his father's other medals and would very much like the Purple Heart medal if he had one coming
3. The applicant provides:
* FSM's death certificate
* his birth certificate and Minnesota driver's license
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* FSM's WD AGO Form 100 (Separation Qualification Record)
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 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 FSM'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 9 June 1943 and he entered active duty on 22 June 1943. He served in the European theater of operations from September 1944 to June 1945.
4. On 28 November 1945, he underwent a separation examination. Item 11 (List all significant diseases, wounds, and injuries) of his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) shows the entry "None."
5. He was honorably discharged on 29 November 1945.
6. 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."
7. There are no orders for the Purple Heart in the available records.
8. There is no evidence in the available records that shows the FSM was wounded as a result of hostile action during World War II.
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. 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 was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
2. There is no evidence in the available records and the applicant provided no evidence that shows the FSM was wounded as a result of hostile action during World War II. The FSM's WD AGO Form 38 does not show any wounds or injuries were reported during his separation physical examination on 28 November 1945. 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:
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 the sacrifices the FSM made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of the FSM'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) AR20140003037
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140003037
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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