APPLICANT REQUESTS: That his WD AGO Form 53-55, Enlisted Record and Report of Separation, be corrected to reflect that he was awarded the Purple Heart for wounds received in World War II.
APPLICANT STATES: That he should have been awarded the Purple Heart for shrapnel wounds to the nose while serving in Luzon, Philippine Islands. He was not aware, until recently, that the Purple Heart would entitle him to benefits in obtaining his automobile tags.
COUNSEL CONTENDS: A notification that the applicants case file was available for review was sent to the Veterans of Foreign Wars on 13 August 1996. However, as of this date, no response has been received from that agency.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Records Center fire of 1973. Information herein was obtained from reconstructed records.
He was inducted on 3 October 1942 and served 2 years, 5 months and 9 days in the Asiatic-Pacific Theater of Operations. He was honorably discharged upon demobilization on 6 December 1945 as a private first class.
His awards include the Good Conduct Medal, the Bronze Star Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal and the Philippine Liberation Ribbon.
The applicants WD AGO Form 53-55 reflects the entry none in block 34 wounds received in action. Also, on the same form, the Purple Heart is not listed as one of his authorized decorations. Medical records, on the other hand, show that he was admitted to the hospital on at least three occasions: In October 1944 for bronchial asthma, in January 1945 for an unspecified disease and in May 1945 for acute pharyngitis and disease of the teeth. There is no indication that he was ever admitted for treatment of an injury incident to hostile action.
In an advisory opinion (COPY ATTACHED) to this Board, the US Army Reserve Personnel Center (ARPERCEN) recommended that the applicants request for the Purple Heart be denied. It also determined, however, that he is entitled to three additional awards: the BSM with 1st oak leaf cluster, the Army of Occupation Medal with Japan clasp and the Expert Infantryman Badge.
Army Regulation 600-8-22, Military Awards, provides, in pertinent part, 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.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. Based on the available evidence, there is no information showing that he suffered any injury or wounds during his service that would qualify him for award of the Purple Heart.
2. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Commander, ARPERCEN will be asked to issue a correction to the applicants WD AGO Form 53-55 showing the additional awards to which he is entitled as reflected in paragraph 7 of their advisory opinion.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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