BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004257 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: 14 November 2017 DOCKET NUMBER: AR20160004257 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. 2. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by his father in service to our Nation. The applicant and all Americans should be justifiably proud of his father's 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. BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004257 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, son of a deceased former service member (FSM), requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show he was awarded the Purple Heart (PH.) 2. The applicant states he is inquiring about a PH on behalf of his father. He attached a newspaper article stating his father was wounded in action while serving in the Pacific during World War II (WWII). 3. The applicant provides: * an article from www.newspaper.com titled "Carthage Area Soldier Wounded in Philippines" * Honorable Discharge Certificate * The Division of Health of Missouri, Standard Certificate of Death, dated 25 May 1958 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 majority of the applicant’s military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973. The NPRC believes that the applicant’s 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. On 16 June 1942, the FSM was inducted into the Army of the United States. 4. Medical documents in the FSM’s service record show that on 20 March 1945, the FSM was transferred to the 29th Evacuation Hospital, Manila, Philippine Islands, for wounds he accidently incurred when an ammunition box fell on top of him at Wawa Pass, Luzon, Philippines. The available records show his injuries were a laceration to his left cheek and an injury to his left wrist. 5. On 2 May 1945, the FSM departed from the Philippines, and he was transferred to the Wakeman Convalescent Hospital, Camp Atterbury, IN. 6. A WD AGO Form 8-33 (Clinical Record Brief) shows on 7 June 1945, the FSM was seen at the Wakeman Convalescent Hospital, in Camp Atterbury, IN for a follow-up appointment. The medical documents note that the FSM’s [facial wound] was healed upon admission; however, his left wrist was still severely injured. 7. A WD AGO Form 40 (Certificate of Disability for Discharge) shows on 17 September 1945, a board of medical officers met under the provisions of Army Regulation 615-360 (Enlisted Men – Discharge; Release from Active Duty) and found the FSM was deemed unfit for further military service, due to a non-battle trauma, specifically, his left wrist, which rendered him incapacitated by reason of limitation of motion. 8. On 20 September 1945, the FSM was honorably discharged from active duty service due to a disability. His WD AGO Form 53-55 shows: a. item 33 (Decorations and Citations) does not list the PH; b. item 34 (Wounds Received in Action) contains the entry "NONE"; c. item 37 (Total Length of Service) shows he completed 1 year, 4 months and 3 days of continental service and 1 year, 11 months and 2 days of foreign service; d. item 40 (Reason and Authority for Separation) contains the entry "Certificate of Disability for Discharge"; and e. item 55 (Remarks) contains the entry "Non-battle traumatism." 9. The applicant provides a copy of the FSM's death certificate and a newspaper article published on 3 May 1945 that states the FSM was wounded in action on 13 April 1945 and that the wound was a lacerated left cheek. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides the PH is awarded for a wound or injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound or injury was the result of hostile action, the wound or injury must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. a. A wound is defined as any injury to any part of the body from an outside force or agent. A physical lesion is not required. However, the wound for which the award is made must have needed treatment, not merely examination by a medical officer or physician. Additionally, treatment of the wound will be documented in the Service member's medical or health record. b. Examples of enemy-related injuries that clearly justify award of the PH include injury by an enemy bullet or shrapnel, enemy-placed trap or mine, and injuries caused by enemy-generated explosions or enemy-released chemical or biological agents. 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes policies and procedures for the ABCMR. It states, in pertinent part, the ABCMR considers individual applications that are properly brought before it. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases using the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends, in effect, that the FSM was wounded in action during WWII and is entitled to the PH. 2. Award of the PH, as stated in Army Regulation 600-8-22, requires evidence that the injury received occurred as a result of enemy action, that the wound required medical treatment by medical personnel, and a record of this treatment must have been made a matter of official record. 3. Unfortunately, neither the evidence of record, nor the documentation provided by the applicant, confirms that the FSM sustained wounds as a result of hostile action or that the wounds were caused by the enemy. The FSM’s reconstructed records does show, however, that he was injured in Luzon, Philippines, when an ammunition box accidently fell on him. His injuries were noted as "non-battle traumatism" on his WD AGO Form 53-55. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004257 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004257 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2