PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2002081463


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Thomas B. Redfern		Chairperson
Ms. Linda D. Simmons		Member
Mr. John T. Meixell		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, in effect, award of the Purple Heart and two bronze service stars to be affixed to the Asiatic-Pacific Campaign Medal.

3. The applicant states that he was hit by a bomb while stationed in Guadalcanal in June 1943. He contends that he was taken to an aid station and given medical attention. He also contends that he was transferred to several hospitals to include the 39th General Hospital in New Zealand on 2 September 1943 and that he was subsequently transferred to Hoff General Hospital in California where he was discharged. He states that he received one bronze service star for the Asiatic-Pacific Campaign Medal; however, he believes that he should have received two bronze service stars for being in battles at Pearl Harbor and Guadalcanal. In support of his application, he submits an undated letter of explanation; a DA Form 1577 (Authorization for Issuance of Awards), dated
1 May 1991; an award certificate for promotion to technician 5th grade (temporary), dated 18 September 1942; an award certificate for Conspicuous Service, dated 14 March 1995; a letter, dated 6 December 1991, from the House of Representatives; a copy of his WD AGO Form 55 (Honorable Discharge); a copy of his Enlisted Record; a newspaper article, dated 2 December 1943; and a copy of his Honorable Discharge.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
14 January 1940. He served in the Asiatic-Pacific Theater of Operations and was honorably discharged on 17 November 1943 by reason of physical disability.

5. The applicant's Enlisted Record, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. The section, "Wounds received in service" shows the entry, "None" on his Enlisted Record.

6. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

7. The Office of the Surgeon General Hospital List shows the applicant was hospitalized in August 1943 in New Zealand for non-battle medical conditions.

8. The applicant's Enlisted Record shows the Asiatic-Pacific Campaign Medal as an authorized award.

9. The applicant's Enlisted Record shows that he participated in the Southwest Pacific Expedition. Appendix B (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) of Army Regulation 600-8-22 (Military Awards) does not list "Southwest Pacific Expedition" as an authorized campaign. However, War Department General Orders Number 75, dated 29 October 1943, show that the East Indies in the Asiatic-Pacific Theater was added to the battles and campaigns of the United States Army. The Southwest Pacific area (less the Philippine Islands and less that portion of Australia south of latitude 21 degrees south) was included in the East Indies Campaign.

10. There is no evidence in the available records that shows the applicant was stationed at Pearl Harbor on 7 December 1941. Appendix B (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) of Army Regulation 600-8-22 (Military Awards) does not list "Pearl Harbor" as an authorized campaign. However, War Department General Orders Number 75, dated 29 October 1943, show that the Central Pacific in the Asiatic-Pacific Theater was added to the battles and campaigns of the United States Army. The Hawaiian Islands on 7 December 1941 only was included in the Central Pacific Campaign.

11. There is no evidence in the available records that shows the applicant participated in the Guadalcanal Campaign during World War II.

12. In support of his claim for two bronze service stars, the applicant provided a newspaper article which states that he was in Hawaii at the time of the Japanese attack (7 December 1941) and that he served 6 months at Guadalcanal.

13. The Board notes that the applicant is eligible for the World War II Victory Medal and the American Campaign Medal which are not shown on his Enlisted Record.

14. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and his Enlisted Record shows that his character was rated as “Excellent.”

15. 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.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

17. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

18. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

19. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was hit by a bomb while stationed in Guadalcanal in June 1943.

2. Although medical records show the applicant was hospitalized for non-battle medical conditions, there is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action during World War II.

3. The applicant signed his Enlisted Record attesting to the fact that he was not wounded in service and was not entitled to the Purple Heart.

4. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.




5. The applicant's Enlisted Record shows the Asiatic-Pacific Campaign Medal as an authorized award.

6. The applicant's Enlisted Record shows he participated in one campaign, the Southwest Pacific Expedition (now known as the East Indies campaign) during World War II. Therefore, the applicant is entitled to the Asiatic-Pacific Campaign Medal with one bronze service star.

7. The Board considered the applicant's contention that he should receive two bronze service stars for being in battles at Pearl Harbor and Guadalcanal. However, there is no evidence of record available to the Board which shows the applicant participated in the Central Pacific or Guadalcanal campaigns in the Asiatic-Pacific Theater of Operations during World War II.

8. The Board reviewed the newspaper article provided by the applicant in support of his claim for two additional bronze service stars. However, in the absence of the applicant's service record or other evidence of record showing that the applicant participated in these two campaigns during World War II, the Board determined that this article is not sufficient as a basis for award of two bronze service stars. Therefore, the applicant is not entitled to two additional bronze service stars to be affixed to the Asiatic-Pacific Campaign Medal.

9. The applicant served a period of qualifying service for award of the World War II Victory Medal and the American Campaign Medal. Therefore, his military records should be corrected to show these medals.

10. The applicant is entitled to the first award of the Good Conduct Medal for the period 14 January 1940 through 13 January 1943 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his military records to show this award.

11. 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 showing that the individual concerned was awarded the Asiatic-Pacific Campaign Medal with one bronze service star, the World War II Victory Medal, the American Campaign Medal and the first award of the Good Conduct Medal.



2. That so much of the application as pertains to award of the Purple Heart and two additional bronze service stars to be affixed to the Asiatic-Pacific Campaign Medal are denied.

BOARD VOTE:

TBR___ LDS_____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Thomas B. Redfern
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081463
SUFFIX
RECON
DATE BOARDED	20030501
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.