PROCEEDINGS


         IN THE CASE OF: .
        

         BOARD DATE: 25 September 2003
         DOCKET NUMBER: AR2003089224


         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. John N. Slone		Chairperson
Ms. Regan K. Smith		Member
Ms. Linda D. Simmons		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 his discharge papers don't show he was wounded. When he got out of the service, he couldn't wait to see his family. He took it for granted that his discharge papers were correct and did not look at, or even think about them, until he needed some help from the VA (Department of Veterans Affairs) for his prescriptions. He further states that he was injured by a bullet in his left foot and spent 2 or 3 days in back of the front lines in the hospital.

4. In support of his application, the applicant submitted a copy of his WD AGO
Form 53-55, with a date of separation of 9 October 1945; a copy of his Honorable Discharge Certificate from the Army of the United States; and a copy of his WD AGO Form 100, Army Separation Qualification Record.

5. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records and information obtained from alternate sources.

6. Records available to the Board show he was inducted into the Army of the United States on 4 February 1942. He entered active duty on the same date. The applicant’s WD AGO Form 53-55 shows that he served 3 years, 8 months, and 6 days active Federal service as a Clarinetist, military occupational specialty (MOS), 432.

7. The applicant’s WD AGO Form 53-55 shows that he served 2 years 11 months and 19 days in the Pacific Theater of Operations (PTO). The applicant arrived in the PTO on 26 October 1942 and departed there, for return to the United States, on 29 August 1945. He was honorably discharged in the grade of TEC 4 (Technician 4th Grade), under the provisions of Army Regulation (AR) 615-365, for the convenience of the government at demobilization, on 9 October 1945.

8. 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 applicant authenticated the WD AGO Form 53-55 in his own hand on the date of his discharge from the Army.

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9. Block 31 (Military Qualification) of the applicant's WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge. Block 32 (Battles and Campaigns) shows that the applicant participated in the Philippine Islands, New Guinea, and the Luzon Campaigns. Block 33, of this same form, shows that the applicant was awarded: the Asiatic Pacific Theater Ribbon with 3 bronze battle stars and a bronze service arrowhead, the Philippine Liberation Ribbon with 1 bronze battle star, 6 overseas service bars, the Good Conduct Medal, and the Bronze Star Medal. Block 55 (Remarks) shows he was issued the Lapel Button [correctly known as the Honorable Service Lapel Button].

10. The applicant was awarded the Combat Infantryman Badge. The applicant was also awarded the Bronze Star Medal on General Orders 418 published by HQ USAFISPA (U.S. Army Forces in the South Pacific Area), dated 1944.

11. AR 600-8-22 provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

12. 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 was treated for a reaction to drugs, vaccines, serums (other than acute poisoning), in August and in September 1944, while he was in the Southwest Pacific. After treatment, he was returned to duty.

13. A Medical Department Form 52b, Supplemental Record, shows that the applicant was treated for an illness, on 6 November 1942, while he was assigned to the 172d Infantry Regiment. He was placed on quarters and was released to duty on 10 November 1942.

14. A second Form 52b shows that the applicant was treated for an illness, on

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19 March 1945, while he was assigned to the Band Company of the 118th Medical Battalion. He was placed on quarters for this illness and was released to duty on 21 March 1945.

15. A third Form 52b shows that the applicant was treated for an illness, on 18 May 1945, while he was assigned to the Band Company of the 118th Medical Battalion. He was placed on quarters for this illness and was released to duty on 21 May 1945.

16. On 9 October 1945, the applicant underwent a separation physical examination. The WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, prepared to document the results of this examination, fails to list any wounds, in Block 11, that may have been sustained by the applicant. All significant diseases, wounds, and injuries, and the circumstances under which the wounds or injuries were incurred, and the date of onset were to be entered in this block. The response to the question in Block 10, "At the present time do you have any wound, injury or disease which is disabling?" The answer, "No," appears in the appropriate block.

17. Blocks 40 (In your opinion will wound, injury or disease result in: //Condition: //Disability? (Yes or No)// Untimely death? (Yes or No))// and Block 41 (In your opinion was wound, injury, or disease incurred in line of duty? //Condition: (Yes or No))// of the above referenced form were left void of any entries.

18. AR 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.

19. 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.

20. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 43rd Infantry Division Band was cited for award of the Meritorious Unit Commendation for the period 1 January through 30 June 1945 by General Orders 802 published by Headquarters, 43rd Infantry Division, dated 30 September 1945.

21. AR 600-8-22 provides, in pertinent part, 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

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periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive. An individual will wear not more than one Philippine Republic Presidential Unit Citation and no oak leaf cluster or other appurtenance is authorized. DA Pamphlet 672-1 indicates that the 118th Medical Battalion, 43rd Infantry Division, 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. No entries were found in the "SGO Files" that would indicate that the applicant was wounded in action or that he required hospitalization or treatment for a wound. Medical supplemental records show that he was only treated for illnesses, and never for wounds received in action against a hostile enemy.

3. The applicant's WD AGO Form 38, completed on 9 October 1945, shows the entry, "No," in Block 10, to the question, "At the present time do you have any wound, injury or disease which is disabling?"

4. The applicant authenticated the WD AGO Form 53-55 prepared at the time of his discharge from the Army. Block 34 shows the entry "None" for wounds received in action.

5. The 118th Medical Battalion, 43rd Infantry Division, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation and the Philippine Presidential Unit Citation during the period he was a member of that unit; he is therefore entitled to have these unit citations shown among his awards on his WD AGO Form 53-55.

6. The applicant served on active duty in the Army of the United States during the qualifying period for award of the World War II Victory Medal, between
7 December 1941 and 31 December 1946, he is therefore entitled to award of the World War II Victory Medal and to have it added to his separation document.

7. Records show the applicant was awarded the Bronze Star Medal. The applicant was also awarded the Combat Infantryman Badge during World War II. Based on the special provisions of the awards regulation, the applicant is entitled to award of a second Bronze Star Medal based on award of the Combat Infantryman Badge, which is considered a citation in orders.

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8. 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 Bronze Star Medal, (First Oak Leaf Cluster), the World War II Victory Medal, the Meritorious Unit Commendation, and the Philippine Presidential Unit Citation; and

b. amending the applicant's WD AGO Form 53-55 to add these awards to his separation document.

2. That so much of the application as is in excess of the foregoing, that he be awarded the Purple Heart, be denied.

BOARD VOTE:

___js ___ ___lds___ ___rks __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089224
SUFFIX
RECON
DATE BOARDED	2003/09/25
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.