PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 November 2001
         DOCKET NUMBER: AR2001062344


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

Mr. Carl W. S. Chun		Director
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Ms. Stanley Kelley		Member
Ms. Karen A. Heinz		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of his records to show award of the Purple Heart.

3. The applicant states that he was issued the Purple Heart on 9 March 1945 for wounds sustained on Luzon while serving with the 169th Infantry Regiment. In support of his application, he submitted a newspaper article [Athens Messenger, 2 May 1945] which states that his wife was notified that he received the Purple Heart for wounds sustained on 9 March 1945 on Luzon Island. He also provided copies of service records and discharge documents.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he was inducted on 31 August 1942 and attended officer candidate school. The applicant was discharged on 28 March 1943 to accept a commission as a second lieutenant in the Army of the United States.

5. The applicant served in the Asiatic Pacific Theater of Operations from 2 December 1944 to 4 December 1945 and was relieved from active duty effective 19 January 1946.

6. The applicant’s WD AGO Form 53-98 (Military Record and Report of Separation-Certificate of Service) does not show the Purple Heart as an authorized award in item 29 (Decorations and Citations). Item 30 (Wounds Received in Action) of his WD AGO Form 53-98 contains no entries.

7. The applicant’s records contain a hospital admission card from the records of The Surgeon General of the Army, commonly referred to as the “SGO Files”, show that the applicant was admitted as a battle casualty on 8 March 1945 for treatment of shrapnel wounds.

8. The Board noted that the applicant was awarded the Combat Infantryman Badge; however, there is no indication that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge. The Board also noted that the applicant’s discharge document does not show award of the Philippine Republic Presidential Unit Citation or the Army of Occupation Medal with Japan Clasp.

9. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.

10. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veterans service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.

11. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive. Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 43d Infantry Division, to which the applicant was assigned, was awarded the Philippine Republic Presidential Unit Citation by Department of the Army General Order Number 47-50.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952. Service between 3 September 1945 and 2  March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

14. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal. The Unit Citation and Campaign Participation Credit Register shows that the 43d Infantry Division to which the applicant was assigned received occupation credit for Japan from 13 September to 25 October 1945.

CONCLUSIONS:

1. Contrary to the newspaper article provided by the applicant which states the applicant was wounded on 9 March 1945, evidence of record shows the applicant was wounded as a result of hostile action on 8 March 1945 in the Asiatic Pacific Theater of Operations. Therefore, he is entitled to correction of his records to show that he was wounded on 8 March 1945 in the Asiatic Pacific Theater of Operations and was awarded the Purple Heart.

2. The applicant was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II. Therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this decoration.

3. The applicant was a member of the 43d Infantry Division when it was cited for award of the Philippine Republic Presidential Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

4. The applicant completed qualifying service for award of the Army of Occupation Medal with Japan Clasp; therefore, he is entitled to correction of his records to show this award.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by showing the individual concerned was wounded as a result of hostile action on 8 March 1945 in the Asiatic Pacific Theater;

         b. by showing he was awarded the Purple Heart for these wounds sustained on 8 March 1945;

         c. by awarding the individual concerned the Bronze Star Medal based on award of the Combat Infantryman Badge; and

         d. by showing the individual concerned was awarded the Philippine Republic Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__SK___ __INW___ ___KAH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Ms. Irene N. Wheelwright__
                  CHAIRPERSON

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INDEX

CASE ID	AR201062344
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.