PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 September 2002
         DOCKET NUMBER: AR2002071671


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Donald P. Hupman		Member
Mr. William D. Powers		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 award of the Purple Heart.

3. The applicant states, in effect, that he should have been awarded the Purple Heart for an injury he received on 9 January 1945, as a result of enemy action during the invasion of the Lingayan Gulf, Philippine Islands. He recalls that his landing craft had its sides stacked to the top with 105mm artillery shells packed in pods of three shells each. As they made their way to shore, they were subject to heavy enemy dive-bombers and by attacks from exploding suicide boats. As they approached the shore, the landing craft he was in was subject to heavy rocking and weaving from the dive bombing causing several of the pods of artillery shells to come loose and fall on him causing severe injuries to his leg. He was hospitalized at one hospital then transferred to another where he spent 10 days before rejoining his unit. He admits the medical document he is submitting is not clearly legible, but it does establish that his injury was in the line of duty. He believes the submission of medical records, his statement and the absence of evidence refuting the creditability of his affidavit shows that his injury clearly occurred during and as a result of enemy action, which he understands, are the standards for entitlement to the Purple Heart.

4. In support of his request, the applicant submits a copy of a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior To Discharge, Release From Active Duty Or Retirement), which indicates he suffered an injury to the lower left leg and that his injury was incurred while in military service. Also submitted is a copy of a Medical Department Patient Treatment Log that indicates the applicant was struck by an ammunition box and suffered a contusion on the left leg and that the injury was considered in line of duty.

5. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. The records herein were provided by the applicant. The records show he was inducted on 23 March 1943, served in the Asiatic-Pacific Theater of Operations from 16 October 1944 through 10 January 1946, and was honorably discharged on 31 January 1946.

6. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) signed by the applicant, reflects that he was awarded the Good Conduct Medal, the World War (WW) II Victory Ribbon, the American Theater Ribbon, the Asiatic-Pacific Theater Ribbon, the Philippine Liberation Ribbon, the Combat Infantryman Badge and the Marksman Badge-Carbine. The Purple Heart is not listed as an authorized award and the word "NONE" is entered in item 34 (Wounds Received in Action).





7. The applicant is not listed in the hospital files for WWII casualties maintained by the Surgeon General's Office.

8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, awards and citations authorized for units, which served during WW II. This document shows the unit to which the applicant was assigned; Service Company, 169^th Infantry Regiment, 43^rd Infantry Division, received the Meritorious Unit Commendation for actions during the period 9 January to 30 April 1945 per Headquarters 43^rd Infantry Division General Orders Number 803, dated 30 September 1945. The applicant’s record shows that he was assigned to the unit during the period of three campaigns: Luzon, 15 December 1955 through 4 July 1945; New Guinea, 24 January 1943 through 31 December 1944; and Northern Solomons, 22 February 1943 through 21 November 1944. The first two campaigns are already listed on his WD AGO Form 53-55.

9. This register shows that the same unit was awarded assault-landing credit at Lingayen Gulf, 9 January 1945, per War Department General Order 109-46, the Philippine Presidential Unit Citation, and occupation credit for Japan from 13 September to 25 October 1945.

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

11. The same regulation provides that the “arrowhead device” is to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the soldiers to receive credit for a combat assault and the soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead device is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.




12. Subsequent to the cessation of hostilities during WWII, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the Combat Infantryman Badge or the Combat Medical Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

13. The same regulation provides that a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In the applicant’s case, he is entitled to three bronze service stars for credit for the Luzon, New Guinea, and Northern Solomons campaigns.

CONCLUSIONS:

1. Evidence of record shows that an ammunition box fell on the applicant’s leg and he received medical treatment for the injury, and the medical treatment was made a matter of official record. This leaves only the criteria that the injury must have been the result of hostile action to be met for award of the Purple Heart.

2. The medical evidence provided by the applicant was minimal and difficult to decipher. The documents did not indicate that the injury the applicant believes entitles him to the Purple Heart was the result of hostile action. The Board must consider that the applicant's leaders and medical personnel were aware of his injury and the circumstances of that injury but did not award him the Purple Heart. The Board is reluctant to approve a request for the Purple Heart 57 years after the event, without verification through official records or significant circumstantial evidence, which was not provided, to show that the wound was a direct result of enemy action. As presented, the evidence does not indicate that the applicant’s injuries were the result of enemy action and as such does not meet the criteria for award of the Purple Heart.

3. Nonetheless, in reviewing his case, it was noted that he is also entitled to the Meritorious Unit Commendation, the Philippine Presidential Unit Citation, and the Army of Occupation Medal with Japan clasp. He was also assigned to a unit credited with participation in the Northern Solomons campaign; therefore he is authorized three bronze service stars and the arrowhead device to be worn on his Asiatic-Pacific Campaign Medal. He is therefore entitled to have these awards shown on his WD AGO 53-55

4. By virtue of his having been awarded the Combat Infantryman Badge during WWII service, he is entitled to award of the Bronze Star Medal under rules established subsequent to WWII for awarding the Bronze Star Medal.


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 by:

a. showing that the individual concerned was awarded the Meritorious Unit Commendation, the Philippine Presidential Unit Citation, and the Army of Occupation Medal with Japan clasp;

b. showing he was awarded the arrowhead device and three bronze service stars all to be worn on his Asiatic-Pacific Campaign Medal;

c. showing that based on his award of the Combat Infantryman Badge he is entitled to the Bronze Star Medal; and

d. showing that he earned campaign credit for participation in the Northern Solomons Campaign.

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

BOARD VOTE:

___dhp__ ___jns___ ____wdp_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________John N. Slone________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071671
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020912
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.