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ARMY | BCMR | CY2001 | 2001063609C070421
Original file (2001063609C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 April 2002
         DOCKET NUMBER: AR2001063609


         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
Mrs. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Curtis L. Greenway Member
Ms. Regan K. Smith 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.


2. The applicant requests in effect, award of the Purple Heart (PH) and that his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) be corrected to show the Prisoner of War (POW) Medal. The applicant submits a copy of his WD AGO Form 53-55 in support of his application.

3. The applicant states, in effect, that his WD AGO Form 53-55 and his official military personnel record will show that he is entitled to these awards.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information contained herein was obtained from reconstructed records and from the information furnished by the applicant.

5. He entered the Army on or about March 1941. His WD AGO 53-55 shows that he served in the Asiatic-Pacific Theater. He was assigned to Company B,
6th Military Police Battalion, Philippines as a Military Policeman.

6. His WD AGO Form 53-55 item 34 (Wounds Received in Action) shows that he was wounded in action on 1 April 1942. His record also shows that he was
captured by the Japanese forces in 1942 and held as a POW for 3 years.

7. After release from captivity in 1945, the applicant reenlisted in the Army on
19 June 1945. He was honorably discharged on 19 December 1945. His WD AGO Form 53-55 show the awards of the Distinguished Unit Badge w/2 Oak Leaf Clusters, the American Defense Service Ribbon w/1Bronze Star, the Philippine Liberation Ribbon, the Asiatic-Pacific Theater Service Ribbon w/1 Bronze Star and the Philippine Defense Ribbon w/1 Bronze Star. It does not show the PH award.

8. Authorization for Issuance of Awards (DA Form 1577) filed in the applicant’s official military service record authorized the award of the POW Medal.

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

10. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal. The regulation states that the POW Medal was authorized on
8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.


CONCLUSIONS
:

1. Based on the information contained in the applicant’s official military record and the information furnished by the applicant, the Board concludes that the applicant was wounded as a result of hostile action on 1 April 1942, while serving in the Philippine Islands. Therefore, the applicant is entitled to the PH.

2. The Board also concludes, based on the available evidence, that the applicant was held as a POW by Japanese forces. Therefore, correcting his WD AGO Form 53-55 to show award of the POW Medal would be appropriate.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the applicant the PH and correcting his WD AGO 53-55 to show the PH and the POW Medal.

BOARD VOTE:

__wtm___ __clg___ __rks___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Walter T. Morrison
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001063609
SUFFIX
RECON
DATE BOARDED 20020402
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0029
2. 107.0015
3.
4.
5.
6.


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