ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    22 April 2019

	DOCKET NUMBER:  AR20170000168


APPLICANT REQUESTS:  correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) by adding the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* WD AGO Form 53-55 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  His 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 that the applicant's records were lost or destroyed in that fire.  This case is being considered using the document he provided and documents contained in a reconstructed record.  

3.  The applicant states block 34 (Wounds Received in Action) of his WD AGO Form 
53-55 shows he was wounded in the Asiatic Pacific Theater on 13 June 1945.

4.  On 13 November 1944, the applicant was inducted into the Army of the United States.  He served in the Asiatic Pacific Theater from 6 May 1945 to 14 September 1946.  A review of his records shows he was inducted in the Army of the United States on 13 November 1944.

5.  On 18 November 1946, he was honorably discharged.  His WD AGO Form 53-55 does not show the Purple Heart among his authorized awards.  Item 34 of the WD AGO Form 53-55 shows he was wounded in action in the Asiatic Pacific Theater on 13 June 1945.  

6.  His service medical records are not available for review.  

7.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the annotation on the applicant’s WE AGO Form 53-55, Block 34, showing he incurred wounds in action on 13 June 1945, the Board concluded that the applicant should be awarded the Purple Heart for such injuries.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Purple Heart for injuries incurred as part of hostile action on 13 June 1945.
2.  Prior to closing the case, the Board noted the administrative note below from the analyst of record and recommended that change also be made to more accurately depict the military service of the applicant.

	 
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.


ADMINISTRATIVE NOTES:  

The applicant was awarded the Combat Infantryman Badge during his World War II service; therefore he is authorized award of the Bronze Star Medal.  Award him the Bronze Star Medal and add this award to his WD AGO Form 53-55.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  



ABCMR Record of Proceedings (cont)	 AR20170000168
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