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ARMY | BCMR | CY2002 | 2002067291C070402
Original file (2002067291C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 June 2002
         DOCKET NUMBER: AR2002067291

         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
Ms. Lee Tinsley Analyst


The following members, a quorum, were present:
Ms. Karol A. Kennedy Chairperson
Mr. Allen L. Raub Member
Mr. Melvin H. Meyer 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 he is entitled to the Purple Heart for a fracture to his right leg that happened while building a road in Dutch Hollandia, New Guinea, during World War II.
EVIDENCE OF RECORD : The applicant's military records were lost or destroyed in the July 1973 fire at the National Personnel Records Center. Information herein was obtained from reconstructed military records. He submits a self-authored military history and a letter from his son in support of his application.

 He was inducted and entered active duty on 17 February 1942. He was trained as a dozer operator and served in the Asiatic-Pacific Theater from 17 May 1942 to 26 July 1945.

 He served in three campaigns and was also awarded the Asiatic-Pacific Service Medal, the Good Conduct Medal, the Philippine Liberation Medal with two bronze stars, and Honorable Service Lapel Button WWII. The Purple Heart is not listed on his WD AGO Form 53-55 (Report of Separation) but was typed in at a later date and block 34 (wounds received in action) stated "None" but was also typed over at a later date with "right leg." Additionally, the World War II Victory Medal is not listed on his WD AGO Form 53-55. He authenticated his discharge document with his thumbprint and signature on the date of his separation, 10 September 1945.

The applicant submits a self-authored history of his military service during World War II and a letter from his son explaining the corrections to his WD AGO Form
53-55. The applicant states that he was operating his caterpillar (dozer) to fix a place for a road on a mountain when the Japanese blew part of the mountain up. He then tried to go under his caterpillar but was only able to get his head and shoulders underneath the vehicle. He states that the rocks found his right ankle and leg, breaking his ankle and seven other bones in his right leg. The applicant's son states that when he read his father's self-authored history he asked him where his Purple Heart Medal was and the applicant responded that he was never awarded one. The applicant's son goes on to state that the "corrections" to his dad's report of separation were reportedly typed in at Fort Douglas, Utah as the applicant was leaving the service.

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. Searches of these files turned up one hospitalization of the applicant on 26 April 1944, who was treated for a fracture to the tibia, lower extremity. The report also states that the injury was a non-battle injury.
Army Regulation 600-45, Personnel Decorations (C-5, dated 11 Nov 44), in effect at the time, indicated that the Purple Heart was awarded to members who were wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. (For the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.) 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 at the time of treatment.
Army Regulation 600-8-22, paragraph 5-11 states in part that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946. The regulation also provides for addition of a bronze service star for each campaign credited and a bronze arrowhead device for each assault landing credited on the Asiatic-Pacific Service Medal.

Department of the Army Pamphlet 672-1 provides the register for unit citations and campaign participation. During the three campaigns the applicant was credited with, his unit was also credited with participation in two assault landings.

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

 1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There is insufficient evidence presented by the applicant and no medical evidence of record to indicate that the applicant was wounded as a result of enemy action and entitled to an award of the Purple Heart. The applicant's records will be administratively corrected to show the award of the World War II Victory Medal and three bronze service stars and two bronze arrowhead devices for the Asiatic-Pacific Service Medal.
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 Army Review Boards Agency Support Division will be asked to administratively correct the applicant's record to show the award of the World War II Victory Medal and three bronze service stars and two bronze arrowhead devices for the Asiatic-Pacific Service Medal.

 BOARD VOTE :
GRANT

 GRANT FORMAL HEARING

 kk ar mm DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
INDEX
CASE ID AR2002067291
SUFFIX
RECON
DATE BOARDED 20020618
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107 Purple Heart
2.
3.
4.
5.
6.




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