IN THE CASE OF: BOARD DATE: 12 June 2012 DOCKET NUMBER: AR20120000788 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 that her husband, a deceased former serviceman (FSM), be awarded the Purple Heart. 2. The applicant states she wants to show the Purple Heart on his headstone. She has the actual medal but she cannot find the paperwork. 3. The applicant provides copies of the FSM's 2011 death certificate, his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), and the front and back of a Purple Heart Medal. 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 FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. His records were seriously damaged in that fire. However, sufficient documents are available to conduct a fair and impartial review of this case. 3. The FSM was commissioned and entered active duty on 25 November 1944. He served in the Pacific Theater as a unit level non-tactical officer from 25 March 1945 to 19 February 1946 and earned campaign credit for the Leyte and Luzon campaigns. 4. He was honorably separated from active duty on 16 June 1946. His authorized awards are listed as the Asiatic-Pacific Service Medal with two bronze service stars, American Campaign Medal, World War II Victory Medal, and Philippine Liberation Medal with two bronze service stars. 5. A health record research project commonly referred to as the "SGO Files" involved transposing hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. 6. The applicant's name does not appear in the SGO files and his medical records are not available. 7. 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. 8. The Purple Heart photos that were submitted by the applicant do not show the FSM's name engraved on the back. DISCUSSION AND CONCLUSIONS: 1. The actual medal that the applicant cites as evidence that the FSM was awarded the Purple Heart does not appear to have the FSM's name engraved on the back. 2. There is no significant available evidence that the FSM was wounded or awarded the Purple Heart. 3. Regretfully, in view of the foregoing there is no basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ 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. _______ _ __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) AR20120000788 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120000788 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1