IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022578 


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 a second award of the Purple Heart.

2.  He states:

* He is missing one Purple Heart because he was wounded twice and only received the Purple Heart for the second wound
* He wants the Purple Heart for the first wound

3.  He provides:

* A self-authored statement
* A WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge)

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 ABCMR for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  

3.  His available record shows he was inducted into the Army of the U.S. on 
25 March 1941.

4.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows General Orders Number 29 awarded him the Purple Heart under the authority of Headquarters, 442nd Infantry Regiment.  Item 33 does not show award of a second Purple Heart.

5.  He submitted a self-authored statement indicating he did not receive a Purple Heart for the shrapnel wound he received on 28 September 1943 because he did not receive medical treatment due to heavy fighting.  

6.  On 2 January 1947, he was honorably discharged after completing a total of 4 years, 6 months, and 26 days of creditable active military service.  

7.  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:

1.  There is no evidence of record and the applicant provides none to show he was awarded a second Purple Heart or was wounded as a result of hostile action.  

2.  In addition, to be eligible for award of the Purple Heart the wound must have required medical treatment, and the applicant acknowledges that he did not receive medical treatment.

3.  Regrettably, therefore, there is insufficient evidence on which to base correcting his records to show the second award of the Purple Heart.


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 him in service to our Nation.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20100022578



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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