IN THE CASE OF:	  

		BOARD DATE:	  23 October 2008

		DOCKET NUMBER:  AR20080011983 


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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he was awarded the Purple Heart.

2.  The applicant states that the Purple Heart was never placed on his separation document.

3.  The applicant states, “SEE MEDICAR REPORT.”  It cannot be determined what he meant, but he could have been referring to the three Hospital Admission Cards that were attached to his application.

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 (consisting of his WD AGO Form 53-55, his WD AGO Form 100 (Separation Qualification Record), and three Hospital Admission Cards) for the Board to conduct a fair and impartial review of this case.  

3.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army on 7 January 1943 and entered active service on 14 January 1943.  He arrived in the European-African-Middle Eastern Theater of Operations on 11 April 1944 and departed the theater on 20 October 1945.  On 4 November 1945, he was honorably discharged.

4.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 does not show he was awarded the Purple Heart.  Item 34 (Wounds Received in Action) contains the entry, “none.”

5.  Hospital Admission Cards, created by the Office of The Surgeon General, show that the applicant was hospitalized for chronic mastoiditis (an infection of the mastoid bone in the skull) in October 1944; hospitalized for a peritonsillar abscess (a collection of infected material in the area around the tonsils) in December 1944; and hospitalized for acute nasopharyngitis (“strep throat”) in January 1945.

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

DISCUSSION AND CONCLUSIONS:

1.  The available medical evidence (i.e., the Hospital Admission Cards) shows that the applicant was hospitalized three times for infectious diseases; however, there is no evidence of record to show he was wounded in action.

2.  Regrettably, there is insufficient evidence to show that the applicant was awarded or met the eligibility criteria for award of the Purple Heart.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____XX____  ____XX____  ___XX_____  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 him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________XXXX______________
               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)                                         AR20080011983



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ABCMR Record of Proceedings (cont)                                         AR20080011983



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