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ARMY | BCMR | CY2003 | 2003085600C070212
Original file (2003085600C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 05 JUNE 2003
         DOCKET NUMBER: AR2003085600


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas B. Redfern III Member
Ms. Karen A. Heinz 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.


2. The applicant requests award of the Purple Heart. He states he was wounded in action and has a scar on his face. He notes that a fragment hit his helmet and "tore off a piece" which lodged in his cheek. He states the incident happened in the Philippines in November 1944. In support of his request he submits a copy of his separation physical examination.

3. Although the applicant's original military personnel file was likely lost or destroyed during the 1973 fire at the National Personnel Records Center, information reconstructed from alternative sources indicates that the applicant entered active duty on 2 September 1942 and arrived in the Asiatic-Pacific Theater of Operations in February 1943. According his separation document and his War Department Adjutant General Form 100 (Separation Qualification Record), the applicant performed duties as a truck driver. While overseas the applicant was assigned to the 52nd Field Artillery Battalion.

4. The applicant returned to the United States in November 1945 and on
5 December 1945 underwent a separation physical examination. That physical examination notes that the applicant was wounded in action (WIA) in Leyte in November 1944 and sustained a concussion to both ears. The notation also indicates that the applicant was not hospitalized as a result of the incident. There were no SGO (Office of The Surgeon General) files available to the Board which further verified the applicant's combat wound.

5. The applicant was honorably discharged on 6 December 1945 as a result of demobilization. His separation documents does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."

6. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

7. A review of Department of the Army Pamphlet 672-1 notes that the applicant’s unit (52nd Field Artillery Battalion) was credited with two assault landings (Malabang and Tanahmerah) and awarded the Philippine Presidential Unit Citation while the applicant was a member of the organization. None of those entitlements are reflected on the applicant’s separation document.

CONCLUSIONS:

1. Although the specific circumstance surrounding the applicant's injury are not consistent with his recollection of events, the Board is satisfied, based on the entry on his separation physical examination, that the applicant was wounded in action and as such is entitled to an award of the Purple Heart.
2. The Board notes that the applicant is also entitled to the Philippine Presidential Unit Citation and credited with two assault landings while a member of the 52nd Field Artillery Battalion. His records should be corrected accordingly.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by awarding the individual concerned the Purple Heart for wounds sustained in November 1944 during World War II, and:

b. by showing that he is entitled to the Philippine Presidential Unit Citation and credited with two assault landing while assigned to the 52nd Field Artillery Battalion.

BOARD VOTE:

___AAO_ ___TBR _ ___KAH _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian_____
                  CHAIRPERSON




INDEX

CASE ID AR2003085600
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030605
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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