IN THE CASE OF: BOARD DATE: 03 October 2018 DOCKET NUMBER: AR20170004331 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 IN THE CASE OF: BOARD DATE: 03 October 2018 DOCKET NUMBER: AR20170004331 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. IN THE CASE OF: BOARD DATE: 03 October 2018 DOCKET NUMBER: AR20170004331 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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart. 2. The applicant states, in effect, he was shot in the left arm and traveled back to the United States on a hospital ship. He was wounded in action; however, he did not receive the Purple Heart. 3. The applicant provides: * WD AGO Form 53-55 * WD AGO Form 100 (Separation Qualification Record) * a letter 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 record is 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 his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using his WD AGO Form 53-55 and documents provided by the applicant and the U.S. Army Human Resources Command. 3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 October 1943. He was honorably discharged on 5 April 1946, after completing a total of 1 year, 1 months and 21 days continental service and 1 year, 3 months and 26 days foreign service. 4. His WD AGO Form 53-55 also contains the following pertinent information. a. Item 31 (Military Qualifications and Date) contains the Marksman Marksmanship Qualification Badge with Rifle Bar. b. Item 32 (Battles and Campaigns) shows he participated in the Philippines and Luzon campaigns. c. Item 33 (Decorations and Citations) shows he was awarded the: * American Theater Service Medal * Asiatic-Pacific Campaign Medal with 2 bronze battle stars * Philippine Liberation Ribbon with 2 bronze service stars * WWII Victory Medal e. Item 34 (Wounds Received in Action) contains the entry "None." 5. The applicant's records contain a letter from the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, dated 26 June 2017, in which it was noted that based on a review of the applicant's reconstructed record and an Office of the Surgeon General Hospital Admission Listing pertaining to him, the applicant was treated for non-battle injuries on 17 August 1945 due to the mishandling of munitions on post or in camp. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) paragraph 2-8, states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional; and treatment of the wound must be documented in the Service member's medical and/or health record. 2. Army Regulation 15-185 (ABCMR), paragraph 2-5, states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends, in effect, his records do not show award of the Purple Heart due to wounds received in action. 2. The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 4. The applicant claims, while in action, he was shot in the left arm and subsequently traveled back to the United States on a hospital ship; however, the criteria for an award of the Purple Heart require substantiating evidence to verify that the injury/wound was the result of hostile action. The injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 5. The available records do not show he suffered or was treated for a combat wound or injury. The available evidence shows the applicant was treated for non-battle injuries on 17 August 1945 due to the mishandling of munitions on post or in camp. In addition, there is no reference in the available service records to a combat wound or injury or treatment for such wound or injury. His records are void of orders which show he was awarded the Purple Heart and the applicant's WD AGO Form 53-55 does not show he sustained any wounds in action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004331 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004331 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2