RECORD OF PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:  13 November 2003
	DOCKET NUMBER:  AR2003084074

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Eloise C. Prendergast		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that he be awarded the Purple Heart.

2.  The applicant states that his records show that he was wounded but not show an award of the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of his records to show the award of the Purple Heart, which occurred on 25 January 1946.  The application submitted in this case was received on 6 January 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’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 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.

4.  The applicant's WD AGO Form 53-55 shows that he was inducted and entered active duty on 8 October 1943.  He was trained as a light truck driver and arrived in the Asiatic Pacific Theater on 12 April 1944.  He participated in two campaigns and on 25 January 1946 was discharged in the grade of private first class a result of demobilization.

5.  His discharge document states that he was wounded while in Saipan in July 1944 but the Purple Heart is not shown as an authorized award.

6.  Information made available from hospital admissions cards by the Office of The Surgeon General show that the applicant was treated for a head wound at a hospital as a battle casualty on 4 July 1944.  His total hospitalization was listed as 162 days.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.

8.  A review of pertinent regulations failed to locate any other awards the applicant was entitled to.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was treated for a wound as a result of enemy action and it would be in the interest of justice to correct his records to show entitlement to an award of the Purple Heart.

BOARD VOTE:

__ao___  ___rb___  ___ep__  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart for wounds received in action on 4 July 1944.

		__Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003084074	
SUFFIX		
RECON		
DATE BOARDED	20031113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.