MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 31 October 2002
         DOCKET NUMBER: AR2002076768

         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
Mr. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. Curtis L. Greenway		Chairperson
Ms. Regan K. Smith		Member
Mr. Donald P. Hupman		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)

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APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES: He recalls that on 8 December 1941, he was stationed in the Philippines when the enemy bombed Clark Air Field, while he was manning a machine gun position. A bomb tore the end of his gun apart and shrapnel or parts of the gun hit his hands and shoulder. After the raid, he used tweezers to remove the shrapnel. Nothing more was said about the injury because there were many soldiers worse off. His shoulder became infected and he was sent to a medic who wanted to send him to the hospital, but the hospital was retreating to Bataan. The medic informed him he would fix him up if the applicant would not report him. The applicant said ok and the medic treated him. When he returned from the Philippines to New Mexico, he was debriefed and during the debriefing he was awarded the Purple Heart.

In support of his request, he provides a letter from his brother acknowledging that no record was made that the applicant was given the Purple Heart and that the Board’s decision will obviously have to be made on honesty and trust in the applicant and himself. Also provided is a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, a WD AGO Form 100 (Separation Qualification Record) and a newspaper article that reports the story of how the applicant and four other brothers were on active duty at the same time during World War (WW) II.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein was derived from the documents furnished by the applicant and other official sources.

His WD AGO Form 53-55 shows that he was inducted on 15 March 1941 and served in the Asiatic-Pacific Theater of Operations from 26 September 1941 through 9 September 1945, principally with Battery E, 200^th Coast Artillery. He was honorably discharged at demobilization on 29 May 1946, in the rank of sergeant. Item 34 (Wounds Received In Action) reflects the entry "None."

The WD AGO 53-55 reflects that his awards include the WW II Victory Medal, the American Defense Service Medal, the American Theater Ribbon, the Asiatic-Pacific Campaign Medal, the Philippine Defense Ribbon, the Good Conduct Medal, and the Distinguished Unit Badge with 1 Oak Leaf Cluster.

His WD AGO Form 100 reflects that he was a prisoner of war (POW) from 9 April 1942 through 7 September 1945.



In the available records are US Army Reserve Components Personnel and Administration Center, Permanent Orders 54-2, dated 20 March 1985, and a certificate, awarding the applicant the Bronze Star Medal for meritorious achievement during combat while serving in the Southwest Pacific Theater of Operations from 7 December 1941 to 10 May 1942.

The applicant’s name is not listed as a casualty in the hospital admission files created by the Office of the Surgeon General, Department of the Army, for the WWII period.

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.

The same regulation provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. Paragraph 3-13d(3) specifically provides for award of the Bronze Star Medal to soldiers who participated in the Philippine Islands Campaign between 7 December 1941 and 10 May 1942. Requirements for award of the Bronze Star Medal under this provision of regulation are performance of duty on the island of Luzon or the Harbor Defenses in Corregidor and Bataan and award of the Distinguished Unit Citation.

The same regulation provides 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.

The same regulation provides that the Philippine Liberation Ribbon is authorized for award to any individual who participated in any engagement against the enemy and was a member of and present with a unit actually under enemy fire or air attack.

The same regulation provides that the Philippine Independence Ribbon is authorized for award to any recipient of both the Philippine Defense and the Philippine Liberation Ribbon.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned, the 200^th Coast Artillery, was awarded the Philippine Republic Presidential Unit Citation for the period 7 December 1941 through 10 May 1942, by Department of the Army General Orders 47.

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

1. The applicant's records contain no evidence, nor does the applicant provide any evidence, eyewitness statements or other documentation, which supports his contention that he is entitled to or was awarded the Purple Heart. The award of the Purple Heart cannot be based solely on a personal statement.

2. Notwithstanding the denial of his request for the Purple Heart, his records substantiate that he is entitled to award of the POW Medal, the Bronze Star Medal based on award of the Distinguished Unit Citation, the Philippine Liberation Ribbon, the Philippine Independence Ribbon, and the Philippine Republic Presidential Unit Citation. The Army Review Boards Agency Support Division, St. Louis will be requested to administratively add these awards to his separation document.

3. In view of the foregoing, there is no basis for granting the applicant's request for the Purple Heart.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Board Agency Support Division, St. Louis, Missouri is requested to provide the applicant with an administrative correction to his WD AGO Form 53-55 showing that he is entitled to award of the POW Medal, the Bronze Star Medal, the Philippine Liberation Ribbon, the Philippine Independence Ribbon, and the Philippine Republic Presidential Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___dph __ ___clg__ ___rks_ __ DENY APPLICATION



         Carl W. S. Chun

                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002076768
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021031
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.