RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 OCTOBER DOCKET NUMBER: AR20050001553 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. Ronald DeNoia Analyst The following members, a quorum, were present: Mr. Ted Kanamine Chairperson Mr. Patrick McGann Member Ms. Carol Kornhoff Member 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 award of the Purple Heart. 2. The applicant states he was wounded in action in Germany. He states that he was treated in a field hospital in Germany in June or August of 1943 or 1944. He also states that it would be in the best interest of the combat veteran to be awarded the Purple Heart. 3. The applicant provides no documentation in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged injustice which occurred on 24 November 1945. The application submitted in this case is dated 13 January 2005. 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 limitations 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 was inducted into the Army on 2 April 1941 and was awarded the military occupation specialty (MOS) 059 (Foreman Construction). The applicant served until 24 November 1945 when he was separated with an honorable discharge. 4. 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. 5. Item 34 (Wounds Received in Action) of the applicant's WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows the entry "None." 6. The hospital record provided by the Office of the Surgeon General shows that the applicant was treated in a medical facility on 19 April 1945 for a lacerated ear. The hospital records also show that the type of case was "Non-battle Injury" and circumstances were "Non-battle injuries." 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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 2. Records show that the applicant's injury was not the result of hostile action. Therefore, he is not entitled to award of the Purple Heart. 3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 November 1945, the date of his separation from active duty. The ABCMR was not established until 2 January 1947. As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse the failure to timely file. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____TK _ ___PM __ ___CK __ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. ______Ted Kanamine______________ CHAIRPERSON INDEX CASE ID AR20050001553 SUFFIX RECON DATE BOARDED 2005/10/13 TYPE OF DISCHARGE HONORABLE DATE OF DISCHARGE 1946/11/01 DISCHARGE AUTHORITY AR 615-335 DISCHARGE REASON DEMOB BOARD DECISION DENY REVIEW AUTHORITY AR 18-185 ISSUES 1. 107.0015.0000 2. 3. 4. 5. 6.