IN THE CASE OF: BOARD DATE: 18 January 2012 DOCKET NUMBER: AR20110013448 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 award of the Purple Heart based on his World War II service. 2. The applicant states he suffered ruptured eardrums as a result of heavy artillery fire during the invasion of Leyte, Philippine Islands. He states he also was hospitalized for sepsis in 1945. 3. The applicant provides: * his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * a letter 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 was inducted into the Army of the United States on 3 August 1942. He entered active duty on 17 August 1942. His WD AGO Form 53-55 shows: * he was trained as a surgical technician and served in the Medical Corps * he departed the U.S. on 23 January 1943 for the Pacific Theater * he served in the Pacific Theater from 13 February 1943 to 13 November 1945 * he was credited with campaign participation in New Guinea, Southern Philippines, and Luzon * he earned the following awards and decorations: * Asiatic-Pacific Campaign Medal with 3 Bronze Stars * Good Conduct Medal * World War II Victory Medal * Philippine Liberation Ribbon with 1 Bronze Star * 1 Service Stripe * 5 Overseas Service Bars * item 34 (Wounds Received in Action) states "None" 4. Information from Hospital Admission Cards Created by The Office of the Surgeon General, Department of the Army shows: * one hospital admission in June 1944 * a diagnosis of deviated septum which existed prior to service (EPTS) * treatment by surgical resection of submucous * hospital stay of 11 days 5. The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States. 6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 applicant is a decorated veteran of World War II. He served as a surgical technician in the Army Medical Corps, and he spent almost 3 years in the Asiatic-Pacific Theater of Operations. 2. Unfortunately, there is limited information available upon which to base a recommendation for the applicant's request for the Purple Heart. a. His WD AGO Form 53-55 states he was not wounded in action. b. The Army Surgeon General's Hospital Admission Cards only show the applicant was admitted on one occasion in June 1944 for treatment of an EPTS deviated septum. There is no evidence of treatment for a wound received in action against the enemy. 3. So many years have now passed that any evidence supporting award of the Purple Heart is no longer available in his official files. 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 the applicant 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) AR20110013448 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013448 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1