PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 September 2002
         DOCKET NUMBER: AR2002067167


         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
Ms. Maria C. Sanchez		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Ms. Melinda M. Darby		Member
Mr. Ronald E. Blakely		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 that he be awarded the Purple Heart.

3. The applicant states that on 7 June 1945, he sustained injuries while in combat in Okinawa. A medic treated his injuries and was going to put in the paperwork for the Purple Heart; however, the medic was killed the next day. The applicant submitted a newspaper article and a copy of Headquarters, 7^th Infantry Division, General Orders Number 10, dated 26 January 1946, about his act of bravery against the enemy for which he received a Bronze Star Medal.

4. The applicant’s military records were partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri that destroyed millions of service records. However, reconstructed records contain a duly constituted report of separation (WD AGO Form 53-55) which shows that he was inducted on 5 August 1944 in Los Angeles, California.

5. On 6 February 1945, the applicant was assigned to the 13^th Replacement Depot and arrived at Oahu, Hawaii on 16 February 1945. He was then assigned to the 23^rd Replacement Depot when he arrived in Saipan, Northern Mariana Islands on 26 March 1945. On 28 April 1945, the applicant was then assigned to the 184^th Infantry Regiment when he arrived Okinawa. He served as an infantryman in the Leyte, Ryukyus and Western Pacific (Ground) campaigns. He departed Okinawa on 5 September 1945 and arrived at Inchon, Korea, on 8 September 1945.

6. On 26 January 1946, the applicant was awarded the Bronze Star Medal for his heroic act in connection with military operations against the enemy on 7 June 1945. The citation states after he killed the enemy, he lobbed a satchel charge into the mouth of the cave that set off an explosion of Japanese ammunition that knocked him unconscious for several hours.

7. He returned to the United States on 15 June 1946 and was discharged in the rank of staff sergeant on 20 June 1946 at Camp Beale, California. He had served 1 year, 10 months and 16 days of total active service and was awarded the Combat Infantryman Badge, the WWII Victory Medal, the Good Conduct Medal, the Asiatic Pacific Campaign Medal, the Army of Occupation Medal and the Bronze Star Medal. His report of separation indicates that he received no wounds in action and the report of separation is signed by the applicant.

8. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound/injury 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.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Philippine 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 period from 7 December 1941 through 10 May 1942, inclusive, and 17 October 1944 through 4 July 1945, inclusive. Not more than one Philippine 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 184th Infantry Regiment was awarded the Philippine Presidential Unit Citation by Department of the Army General Order Number 47 dated 1950.

10. Army Regulation 600-8-22 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 (CIB) 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.

CONCLUSIONS:

1. There is sufficient evidence in the available records to show that the applicant served as an infantryman in combat in Okinawa with an infantry company and that he was injured on 7 June 1945 while performing those duties against an armed enemy while in the rank of Private First Class. Therefore, the Board determined that there is sufficient evidence on which to base the award of the Purple Heart in this case.

2. The applicant’s unit received the Philippine Presidential Unit Citation for his service with the 184^th Infantry during the period of 28 April 1945 through 19 January 1946. Therefore, he is entitled to correction of his military records to show the unit citation.

3. The applicant received an award of the Bronze Star Medal (BSM) prior to his separation from active duty on 26 January 1946, however, his records do not depict it as a valor award. The citation which accompanied this award clearly indicates that the award was made, “For heroic achievement” which indicates in the current day, “for valor” and therefore, “with ‘V’ device.” Additionally, after his

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discharge from the Army, he became entitled to a second award of the BSM Medal based on his award of the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to two awards of the BSM; one with a “V” device and one as an oak leaf cluster for meritorious service during World War II. Therefore, he should be awarded the BSM with First Oak Leaf Cluster (1OLC) and his records should be corrected to show awards of the BSM with “V” device and 1OLC.

4. Additionally, there is evidence to show that the individual concerned participated in the Leyte, the Western Pacific (Ground) and the Ryukyus campaigns all of which were not entered on his separation document. Therefore, it would be appropriate at this time to correct his discharge document to reflect his participation in those campaigns and to award him three bronze service stars for wear on his Asiatic-Pacific Campaign Medal.

5. 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:

a. by awarding the individual concerned the awards of the Purple Heart for injuries received on 7 June 1945, the Bronze Star Medal with one oak leaf cluster for meritorious service during World War II and the Philippine Presidential Unit Citation.

b. by showing that the individual concerned was awarded the Bronze Star Medal with “V” device;

c. by showing that the individual concerned participated in the Leyte, the Western Pacific (Ground) and the Ryukyus campaigns and that he be awarded three bronze service stars to be affixed to his Asiatic Pacific Campaign Medal.

BOARD VOTE:

__jhl____ __reb____ __md ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____JoAnn H. Langston_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067167
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/09/19
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1946/06/20
DISCHARGE AUTHORITY	AR 615-362
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 61	107.0015/PH
2.
3.
4.
5.
6.