BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160017300 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: 20 June 2018 DOCKET NUMBER: AR20160017300 BOARD DETERMINATION/RECOMMENDATION: 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: 20 June 2018 DOCKET NUMBER: AR20160017300 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, the son of a deceased former service member (FSM), requests his late father be awarded the Purple Heart. 2. The applicant states his father was wounded in April 1945 on Okinawa and he never received the Purple Heart. He was shot in the left arm and leg. He was hospitalized for a concussion and post-traumatic stress disorder. He also suffered a shrapnel wound to his fingers on his left hand on Leyte. This was documented in newspapers in New York because he was a well-known sports celebrity (professional boxer) prior to his service in the Army. 3. The applicant provides: * newspaper articles * FSM's obituary * letter from a Member of Congress * Certification of Military Service * letter from the National Personnel Records Center, dated 30 August 2010 * WD AGO Form 100 (Army Separation Qualification Record) * WD AGO Form 53-55 (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 FSM's complete 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 FSM'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. His WD AGO Form 53-55 shows: * he was inducted into the Army of the United States on 7 May 1943 * his military occupational specialty was 745 (Rifleman) * he served in the Asiatic-Pacific theater of operations from April 1944 to July 1945 * item 34 (Wounds Received in Action) contains the entry "None" * he was honorably discharged by reason of disability on 4 October 1945 4. His records contain Office of the Surgeon General Hospital Admission Card information showing he was hospitalized on 10 May 1945 in the South Pacific for psychoneurosis. He spent 147 days in the hospital. 5. There are no orders for the Purple Heart in the available records. 6. There is no evidence in the available records showing he was wounded as a result of hostile action during World War II. 7. The applicant provided newspaper articles stating the FSM served as a combat infantryman, he was severely wounded at Okinawa, and he spent a year in an Army hospital. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. DISCUSSION: 1. The applicant contends the FSM was wounded in April 1945 on Okinawa. 2. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 3. There are no orders awarding him the Purple Heart in his available records. His WD AGO Form 53-55 does not show he was wounded in action. 4. The applicant provided newspaper articles stating the FSM served as a combat infantryman, he was severely wounded at Okinawa, and he spent a year in an Army hospital. 5. There is no evidence in the available service records confirming he was wounded as a result of hostile action during World War II. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017300 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017300 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2