BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160003381 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ ___x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160003381 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160003381 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. 2. The applicant states he was never issued or awarded the Purple Heart. 3. The applicant provides an itinerary for the 757th Field Artillery Battalion, of unknown origin and WD AGO Form 53-33 (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 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. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record 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 of the United States on 21 September 1943 and entered active duty on 12 October 1943. 4. He was honorably discharged upon demobilization on 23 February 1946. His WD AGO Form 53-55 contains the following entries: a. Item 33 (Decorations and Citations) does not list the Purple Heart. b. Item 34 (Wounds) reflects the entry "NONE." c. Item 36 (Service Outside Continental U.S. (CONUS) and Return) shows he served in the Asiatic Pacific Theater of Operations from 2 October 1944 to 28 January 1946. 5. His available record contains no evidence that shows he wounded or that he was awarded the Purple Heart for wounds he sustained during WWII. 6. The applicant provides an itinerary of unknown origin for the 757th Field Artillery Battalion. It appears to be a self-authored chronology of his Army service. REFERENCES: 1. The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782. 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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: 1. The Board carefully considered the applicant's request for award of the Purple Heart. Unfortunately, the limited evidence of record fails to confirm he was wounded in combat. a. The criteria for an award of the Purple Heart require substantiating evidence to verify the injury/wound was the result of hostile action and the injury/wound must have required treatment by medical personnel. The medical treatment must have been made a matter of official record. b. Notwithstanding the applicant's sincerity, there is no evidence in the available record that shows he incurred a wound or injury that meets the criteria for award of the Purple Heart. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003381 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003381 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2