PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2003084073


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Thomas B. Redern, III		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, that he be awarded the Purple Heart and that it be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge.

3. The applicant states, in effect, that sometime in late 1944, he was wounded in the Luzon Islands in the Philippines when a Japanese munition exploded eight or nine inches from his face leaving shrapnel in his left shoulder. He further states that he never received the Purple Heart for this.

4. In support of his application, the applicant submitted a copy of his WD AGO
Form 53-55, with a date of separation of 20 September 1945 and a copy of his Honorable Discharge Certificate.

5. Counsel for the applicant states, in effect, that although "no wounds were received in action," he requests that unit awards records be reviewed to verify if orders were published. Counsel's summary includes factual information that will be shown in these proceedings and adds that the express purpose of his statement is to aid the petitioner in the proper resolution of any error or injustice raised.

6. The applicant’s military records show that he was inducted and entered active duty in the Army of the United States on 18 March 1941. The applicant’s WD AGO Form 53-55 shows that he served 4 years, 6 months, and 3 days active Federal service of which 2 years 11 months and 21 days were spent in the Asiatic-Pacific Theater of Operations (APTO) . The applicant arrived in the APTO on 4 October 1942 and departed on 24 August 1945. He was honorably discharged in the grade of Sergeant under the provisions of Army Regulation 615-365 for the convenience of the government at demobilization on 20 September 1945.

7. The applicant's WD AGO Form 53-55, shows no award of the Purple Heart in block 33 (Decorations and Citations). The separation document also shows the entry "None" in block 34 (Wounds Received in Action). The applicant provided no orders awarding him the Purple Heart. The WD AGO Form 53-55 was authenticated by the applicant in his own hand on the date of his discharge from the Army.

8. Block 31 (Military Qualification) of the applicant's WD AGO Form 53-55 shows he was awarded the Expert Infantryman Badge. Block 32 (Battles and Campaigns) shows that the applicant participated in the Luzon, Southern Philippines, and the Bismarck Archipelago Campaign. Block 33, of this same form, shows that the applicant was awarded: the Good Conduct Medal, the

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American Defense Service Medal, American Campaign Medal and the Philippine Liberation Ribbon. Block 55 (Remarks) shows he was issued the Lapel Button [properly known as the Honorable Service Lapel Button].

9. A health record research project, which involved transposing hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape, which the National Research Council made available to the National Personnel Records Center (NPRC) in 1988, commonly referred to as the "SGO Files," were searched for any evidence that the applicant was wounded in action during World War II. This search revealed that the applicant had a tooth extracted in March 1944 and on 20 February 1945 was admitted to the hospital with Dengue Fever. He was treated and released to duty on 25 February 1945. No other entries pertinent to his World War II service were found.

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

11. The above regulation 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.

12. The same regulation also provides for award of the Asiatic-Pacific Campaign Medal. The award is made to recognize service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946. Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

13. The regulation further provides for award of a bronze service star, based on qualifying service, for each campaign listed in the regulation's Appendix B, and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Asiatic-Pacific Campaign Medal.

14. Army Regulation 600-8-22 outlines the policies pertaining to eligibility of individuals to accept or wear foreign decorations and badges. This regulation reflects 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 periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive Department of the

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Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 160th Infantry Regiment was awarded the Philippine Presidential Unit Citation for the period 17 October 1944 through 4 July 1945 by Department of the Army General Order Number 47-50.

CONCLUSIONS:

1. The Board considered the applicant's contention that he is entitled to award of the Purple Heart.

2. The applicant's WD AGO Form 53-55, prepared at the time of his discharge from the Army, and which the applicant authenticated in his own hand, fails to show that he was awarded the Purple Heart. This form also records no wound sustained as a result of hostile action. The Board noted that the applicant's medical records were not available for review and the applicant provided no documentary evidence of his being wounded in action; therefore, there is no basis upon which to award him the Purple Heart.

3. The applicant served in the Pacific Theater of Operations during the qualifying period in World War II. He is therefore entitled to award of the Asiatic-Pacific Campaign Medal and the World War II Victory Medal. These awards are not shown on his discharge document and it would be appropriate to add them to his WD AGO Form 53-55 at this time.

4. The 160th Infantry Regiment was awarded campaign credit for participation in the Luzon, Southern Philippines, and Bismarck Archipelago campaigns during the time the applicant was member of the unit. He is therefore eligible for award of 3 bronze service stars to be affixed to the Asiatic-Pacific Campaign Medal, which is being awarded in these proceedings.

5. The 160th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the Philippine Presidential Unit Citation during the period he was a member of that unit; he is therefore entitled to have this unit citation shown among his awards on his WD AGO Form 53-55.

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by

         a. awarding the applicant the Asiatic-Pacific Campaign Medal and the World War II Victory Medal, and the Philippine Presidential Unit Citation, and

         b. awarding the applicant 3 bronze service stars to be affixed to his Asiatic-Pacific Campaign Medal, denoting participation in 3 campaigns, and

         c. amending the applicant's WD AGO Form 53-55, Block 33, to add these awards and unit citation.

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

BOARD VOTE:

__tbr___ __lds___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Thomas B. Redfern, III
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084073
SUFFIX
RECON
DATE BOARDED	20030501
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.