PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2003087221


         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. Gerard W. Schwartz		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Ronald J. Weaver		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 that he be awarded the Purple Heart.

3. The applicant states that he was wounded in action in August of 1943, in the Pacific area and left the theater prior to receiving award of the Purple Heart.

4. In support of his application he submits a WD AGO Form 53-55 (Enlisted Record and Report of Separation), an unidentified historical document and a newspaper article.

5. The applicant’s military records show that he entered into active service on 24 February 1941 with a Military Occupational Specialty of Truck Driver. He served in the South Pacific from 22 October 1942 through 16 September 1943 with Antitank Company, 169th Infantry Regiment. He was separated from the active Army with a Certificate of Disability Discharge on 1 February 1944 and his service was characterized as honorable. His highest rank achieved was Private First Class.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. There are no hospital admission records which show the applicant was wounded. Additionally, the applicant's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item noted as (Wounds received in service) states "None."

7. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veterans service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.

8. A search of these files showed that the applicant was injured in August 1943 and that injury was non-battle related.

9. The applicant provided an unidentified form which shows "Wounded in action-S.W. Pacific Area". Additionally, he provided a newspaper article which states "One Willington man, Sergeant J_____ S______, Jr. was killed and another, PFC [applicants name omitted] was wounded in the Pacific area recently according to word received by their families."



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 Board noted that the applicant is eligible for awards not shown on his WD AGO 53-55.

12. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. There is no indication of indiscipline in his records.

13. 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. After 27 June 1950 to the present time, 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14. 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.

15. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, campaign credit awarded during World War II. This document shows the unit to which the applicant was assigned, Anti-tank Company, 169th Infantry Regiment, received campaign credit for the Guadalcanal Campaign (7 August 1942 to 21 February 1943), the New Guinea Campaign (24 June 1943 to 31 December 1944) and the Northern Solomons Campaign (22 February 1943 to 21 November 1944).

CONCLUSIONS:

1. The Board considered the applicant’s request for award of the Purple Heart. The Board also reviewed the available service personnel and medical records.

2. The Board considered the applicant's contention that he was wounded in action. However, there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

3. The Board noted the evidence of record which shows the applicant signed his WD AGO Form 53-55 attesting to the fact he was not entitled to the Purple Heart. The Board also noted that Item (Wounds Received In Service) on this form states "None."

4. The Board noted the newspaper article and the unidentified document submitted by the applicant which shows "Wounded in action-S.W. Pacific Area." However, these documents are unofficial as compared to the official SGO file which showed that the applicant was injured in August 1943 and that injury was non-battle related.

5. The preponderance of official evidence in this case shows that the applicant was not wounded as a result of hostile actions or otherwise entitled to the Purple Heart. Therefore the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 24 February 1941 through 23 February 1943 based on completion of a three year period of qualifying service. Therefore, he is entitled to correction of his records to show this award.

7. Evidence of record shows the applicant served during the award period of the World War II Victory Medal. Therefore, he is entitled to correction of his records to show the World War II Victory Medal.

8. Evidence of record shows the applicant served in three campaigns during his service in the Asiatic-Pacific Theater. Therefore, he is entitled to correction of his records to show the Asiatic-Pacific Campaign Medal with three bronze service stars.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Good Conduct Medal, World War II Victory Medal and the Asiatic-Pacific Campaign Medal with three bronze service stars.

2. That so much of the application as pertains to award of the Purple Heart is denied.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087221
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.