IN THE CASE OF:	  

	BOARD DATE:	  28 AUGUST 2008

	DOCKET NUMBER:  AR20080005660 


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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the 
Purple Heart.

2.  The applicant states that he was wounded sometime between October 1944 and January 1945 in Leyte, Philippines.  He received medical treatment at a field hospital and again later at the 69th Field Hospital in Okinawa sometime during June or July 1945.  He is not positive if the medical treatment received in Okinawa was for the wounds received during the war. 

3.  The applicant provides copies of his WD AGO Form 53-55 and his Separation Qualification Record (WD AGO Form 100).

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 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.  The applicant’s WD AGO Form 53-55 shows:

	a.  that his organization was the 3240th Quartermaster Service Company;

      b.  that he was inducted into the Army of the United States and entered active duty on 23 December 1943;

	c.  that he held military occupational specialty 835 (Supply Clerk);	

      d.  that he was assigned to the Pacific Theater of Operations (PTO) and arrived in the theater on 20 July 1944;

	e.  that he participated in two campaigns;

	f.  that his awards include the World War Victory Medal, Meritorious Unit Award, and the Asiatic Pacific Service Medal with one bronze service star, Philippine Liberation Medal with two bronze stars, and the Good Conduct Medal.

      g.  that he served in the PTO until 30 September 1945, when he redeployed to the United States;

	h.  that he did not receive any wounds in action; and

	i.  that he was discharged on 15 March 1946.  

4.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been made a matter of official record.


DISCUSSION AND CONCLUSIONS:

There is no available evidence showing that the applicant was wounded in action and received medical treatment.  Therefore, his request for award of the Purple Heart should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





      ___        XXX                ___
                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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080005660



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