IN THE CASE OF:  

		BOARD DATE:  	  27 October 2015

		DOCKET NUMBER:  AR20150003440 


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 that his deceased father, a former service member (FSM), be awarded the Purple Heart (PH).

2.  The applicant states:		

a.  His father did not receive a PH for combat wounds he received
towards the end of World War II in July 1945 in the Pacific Theater.

b.  He was treated at a military hospital where he remained for approximately 
3 months, recovering from those wounds.  He was blinded in his left eye with shrapnel wounds on his face and torso, and ultimately separated from Tilton General Hospital in Fort Dix, NJ.

c. His father died in 1998 without receiving any of his medals.  He never 
spoke much about the war or his participation in it.  However, he carried the scars and the loss of sight in one eye for the rest of his life honorably with great pride for his country.

d. The family never knew what happened other than their mother telling them that 
their father was wounded in battle.

e. He believes that his father’s PH was overlooked because it was at the end 
of the war and things might have been easily missed, given the fact that he was rushed back to the U.S. 

f.  He wants to let the family and grandchildren know that their grandfather 
was an honorable Soldier and that freedom comes at a price.

3.  The applicant provides the FSM's:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 24 October 1945
* Death Certificate

 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 (NPRC) in 1973.  It is believed that his records were lost or destroyed in that fire.  The only records available to this Board are the records provided by the applicant.  These records are sufficient for the Board to conduct a fair and impartial review of this case.  The main record available to the Board was the WD AGO Form 53-55 provided by the applicant.

3.  The FSM’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 February 1942.  He served in the Asiatic Pacific Theater of Operations from 1 June 1943 to 12 July 1945.

4.  On 24 October 1945, he was honorably discharged from active duty.  He completed 3 years and 8 months of active duty service.  His WD AGO Form 53-55 shows in:

* Item 33 (Decorations and Citations) -  no entry for the Purple Heart
* Item 34 (Wounds Received in Action) - the entry "No Record Available”

5.  Hospitalization records from the Department of the Army, Office of the Surgeon General, show the FSM was injured in June 1945 with final disposition in October 1945.  The documents states that the FSM had a diagnosis of a ruptured eyeball and the eye was removed.  The cause of the injury was due to a flying object while the service member was on “leave, furlough or absent without leave.”   

6.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the PH, a “wound” was defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his father should be awarded the PH.

2.  The FSM's WD AGO 53-55 item 34 contains the entry "No Record Available.”

3.  The available medical evidence shows the FSM was injured while on leave in June 1945 and the injury resulted in the loss of his eye.  The evidence does not indicate that injury was incurred as a result of hostile action while in combat. 

4.  In view of the above, there is insufficient substantive evidence to show he was wounded as a result of hostile action.  Therefore, there is insufficient substantive evidence upon which to base award the PH 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 that 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 concerned to know that this action in no way diminishes the sacrifices made by his father in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


X
      ______________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)                                         AR20140011651



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ABCMR Record of Proceedings (cont)                                         AR20150003440



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