MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 August 2003     
	DOCKET NUMBER:   AR2002080849

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

| Mr. Carl W. S. Chun | | Director
| Mrs. Nancy L. Amos | | Analyst

  The following members, a quorum, were present:

| Mr. Arthur A. Omartian | | Chairperson
| Mr. Thomas B. Redfern | | Member
| Ms. Mae M. Bullock | | Member

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Purple Heart.

APPLICANT STATES:  That, in early December 1944, they were loading the ships they were to take for the invasion of Mindoro.  The first platoon of Battery B, 237th Anti-Aircraft Artillery Search Light Battalion did not get in on D-Day, which was 15 December 1944.  Their convoy left a few days later.  He originally was told there was not enough room for all their equipment and he would have  to wait with the section for the next convoy.  Then they found room for him on LST (landing ship, tank) 460.  On the day after the first night at 4:50 p.m.,          40 kamikaze planes came at them.  He had just finished eating supper and was going to where he slept on a stretcher under a gun tub.  He stopped part way under the gun tub and was watching the planes come at them.  He did not see the plane coming, but the next thing he knew he was surrounded by flames.  He was under the tub enough so that the blast of fire and shrapnel from the explosion of the plane and bomb went over and around him.  He burst through the flames and planned on jumping overboard, but when he burst through the flames he found no fire next to the railing.  The back of the ship was not burning, so he walked to an area that had a life raft and waited for the call to abandon ship.  An ensign finally gave the call, he helped release the life raft, and he jumped overboard.  They were in the water for two hours when a ship picked them up.  They were taken to another LST where he was given a bunk and a shot of some kind and something for his burns.  He finally got to Battery B, 237th Headquarters.  Part of the equipment that he commanded got sunk with the LST 460, so he stayed at Headquarters for a while, helping out.  Technician Five C___ put salve on his burns and bandaged him up.  He was burned the most on the back of his hands and neck.  He found out that other unit members burned in the sinking of LST 460 received Purple Hearts.  He feels he should also have received it.

Supporting evidence is as listed on the DD Form 149.  This evidence includes a statement from Albert H. C___, who states that he was in Battery B, 237th Anti-Aircraft Artillery Searchlight Battery with the applicant.  Around Christmas time in 1944, LST 460 was sunk and the applicant was on LST 460 when it was sunk.  The applicant was burned on his hands and back and he put salve on the burns and bandaged them up.  

EVIDENCE OF RECORD:  The applicant's military records were presumably lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from reconstructed records.

The applicant was inducted into the Army on 8 May 1941.  He arrived in the Southwest Pacific Theater of Operations on 28 March 1942.  

The only available medical records show the applicant was treated in July 1944 for an infected blister.
The applicant was separated on 28 August 1945.  Item 34 (Wounds Received in Action) of his AGO Form 53-55 (Enlisted Record and Report of Separation) contains the entry, "NONE."  Item 11 (List all significant diseases, wounds, and injuries) of his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) shows only that he had malaria.

The applicant's WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, the Asiatic-Pacific Campaign Medal, and the American Defense Service Medal and that he participated in three campaigns.

A review of the historical files of Battery B, 237th Anti-Aircraft Artillery at the National Archives in College Park, MD failed to identify the applicant as being entitle to award of the Purple Heart.  A review of the historical files of LST 460 revealed the last available Action Report was dated 18 December 1944 (the ship was sunk on 21 December 1944).

Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

Army Regulation 600-8-22 states that the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

Army Regulation 600-8-22 states that one bronze service star is worn on the appropriate service medal for each credited campaign.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant's statement and the statement he provides in support of his request for the Purple Heart; however, there is insufficient substantiating evidence of record to show that he is entitled to award of the Purple Heart.  His WD AGO Form 38, prepared only 9 months after the sinking of LST 460, showed that he had malaria but failed to show that he had received burn injuries.  

2.  The evidence of record shows the applicant met the eligibility criteria for award of the World War II Victory Medal and to show he is authorized to wear three bronze service stars on the Asiatic-Pacific Campaign Medal.  His WD AGO Form 53-55 should be administratively amended to add these awards.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Board requests that the Army Review Boards Agency Support Division – St. Louis amend the applicant’s WD AGO Form 53-55 by adding the World War II Victory Medal and to show he is authorized to wear three bronze service stars on the Asiatic-Pacific Campaign Medal.  

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___aao__  _tbr____  __mmb___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID | AR2002080849
SUFFIX |
RECON |
DATE BOARDED | 20030807
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY | Mr. Chun
ISSUES         1. | 107.0015
2. |
3. |
4. |
5. |
6. |