PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 September 2003
         DOCKET NUMBER: AR2003089881


         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. Jessie B. Strickland		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 that he be awarded the Purple Heart.

3. The applicant states, in effect, that he was wounded in December 1944 and January 1945 when the Japanese Prisoner of War (POW) ships Oryoku Maru and Enoura Maru were sunk by United States planes. He further states that at the end of World War II, upon repatriation as a POW, he was interviewed and asked if he wanted a Purple Heart. However, because his wounds were the result of friendly fire, he did not think it appropriate because it was not the result of enemy action. In hindsight, he wishes he had accepted the award in 1945.

4. The applicant’s military records show that he was born in McAlester, Oklahoma, on 27 March 1919. He was commissioned as an infantry second lieutenant in the Officer Reserve Corps (now known as the United States Army Reserve) on 16 May 1940 and entered active duty on 10 August 1940. He deployed to the Asiatic-Pacific Theater of Operations on 8 September 1941 and was promoted to the rank of first lieutenant (1LT) on 23 January 1942. He was assigned to the 62^nd Infantry Regiment of the Philippine Army.

5. He was awarded the Silver Star for gallantry in action near Maluko, Mindanao, Philippine Islands on 9 and 10 May 1942. The Silver Star was subsequently awarded on 13 October 1945.

6. Meanwhile, on 10 May 1942, orders were published which awarded the applicant the Purple Heart for singularly meritorious acts of extraordinary fidelity and essential service under adverse conditions in operations against the enemy in Mindanao during the period of 15 January to 3 May 1942.

7. His records also show that the applicant was reported as missing in action for the period of 7 May to 9 May 1942 and that on 10 May 1942, he was reported as a POW. He remained a POW of the Japanese Army until he was repatriated in Manchuria, China, on 20 August 1945. He was promoted to the rank of captain and was returned to the United States in October 1945, where he was promoted to the rank of major. He was initially treated at Letterman General Hospital in San Francisco, California and was then transferred to Brooke General Hospital (BGH), Fort Sam Houston, Texas

8. While at BGH, he underwent a complete medical and physical examination to determine if he should be retained on active duty. The examination revealed that the applicant had been slightly wounded, with superficial wounds of the hands, forehands, legs and neck, he suffered an injury to the left scrotum in January 1945 from a bomb concussion, had contracted beriberi, both wet and dry, manifested by numbness and tingling of teeth, hands, legs and edema with cardiac arrhythmia. He had bronchitis for 5 months, dysentery, was malnourished, and had several other findings, as discovered by laboratory tests. He was placed on a 90-day leave and returned to full military duty.

9. On 21 January 1946, the former commander, Visayan-Mindanao Force (a major general) submitted six recommendations for award of the Medal of Honor, to the War Department. One of the recommendations was for the applicant to receive the Medal of Honor for conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 15 December 1944. The citation indicates that the applicant, while a prisoner of war aboard the Japanese prisoner ship Oryoku Maru, after it had been hit by bombs from American planes, disregarded all danger and remained on board to rescue and evacuate wounded prisoners. After being ordered to quit the ship, he made several trips ashore, swimming through a strong cross current, to assist those who could not swim, at the risk of his own life.

10. On 21 May 1946, a War Department Decorations Board disapproved the recommendation for the Medal of Honor and determined that the Bronze Star Medal was the appropriate award under the circumstances described.

11. Meanwhile, on 6 April 1946, the applicant's commander (a colonel) submitted a recommendation to award the applicant a Bronze Star Medal (BSM) for his meritorious achievement and the contributions he made to the survival of the remaining 100 surviving prisoners of 500 that had left Manila, Philippine Islands, on 13 December 1944. The War Department Decorations Board disapproved the recommendation on 1 August 1946.

12. On 16 December 1946, the Adjutant General of the War Department dispatched a letter to the applicant, who was serving as a major at Fort Benning, Georgia. The letter informed the applicant, in effect, that he was not eligible for the award of the Purple Heart that he had been awarded because he was not wounded as a result of enemy action. He was afforded an opportunity to have the award considered for a more appropriate decoration and he suggested a more appropriate award be made.

13. On 27 March 1947, the War Department Decorations Board determined that since the applicant was not wounded, the BSM was an appropriate award for his meritorious service during the period in question. Accordingly, instructions were issued to award him the BSM in lieu of a Purple Heart.

14. He remained on active duty, was promoted to the rank of lieutenant colonel on 22 October 1952, and was honorably released from active duty (REFRAD) on 31 January 1961. He was placed on the Retired List effective 1 February 1961, by reason of sufficient service for retirement. He had served 20 years, 5 months and 21 days of total active service and was awarded the Silver Star, the BSM with two oak leaf clusters, the American Defense Service Medal with foreign service clasp, the Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon, the Philippine Defense Ribbon, the World War II Victory Medal, the General Staff Identification Device, the Korean Service Medal, the Combat Infantryman Badge, the Army of Occupation Medal (Germany), the National Defense Service Medal, the United Nations Service Medal and the Distinguished Unit Citation with two oak leaf clusters. He was awarded the POW Medal on 19 October 1988; however, there is no evidence to show it was ever entered on his records.

15. At the time of his REFRAD, his report of separation (DD Form 214) indicates that he had wounds as a result of enemy action in Subic Bay, Philippines in December 1944 and in Takao, Formosa in January 1945.

16. Army Regulation 600-45, the regulation in effect at the time, provided, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of action against an enemy of the United States or as a direct act of such enemy, provided such wounds necessitates treatment by a medical officer. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

17. Army Regulation 600-8-22, the regulation currently in effect, provides, in pertinent part, that when contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury. Individuals wounded or killed as a result of "friendly fire" in the heat of battle will be awarded the Purple Heart as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

18. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea War Service Medal to, pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US Veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

19. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center. 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant with his copy of these proceedings. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

20. Information contained on internet web site http://www.mansell.com/pow_resources/hell_ship_losses.html indicates that while Japanese weapons transports bore Red Cross markings, ships carrying prisoners of war went unmarked and were targeted by American submarines and planes. On 14 December 1944, the Japanese prisoner ship Oryoku Maru containing 1,620 prisoners en route from Manila to Japan, was attacked by United States (US) Navy Aircraft from the United States Ship (USS) Hornet. Planes returned the following day (15 December 1944) to finish the Oryoku Maru, which resulted in 300 dead prisoners. On Christmas Day, the survivors were loaded on the Enoura Maru and the Brazil Maru. The ships arrived in Takao (Formoso) on New Years Eve and remained in port for 6 days, with the prisoners receiving no food or water. The prisoners from the Brazil Maru were transferred to the Enoura Maru and on 9 January 1945, the Enoura Maru was bombed and 316 prisoners were killed. On 11 January 1945, the remaining 1,000 prisoners were loaded on the Brazil Maru, which did not head to sea until 14 January 1945. The Brazil made port in Moji (Japan) on 29 January with only 500 of the original 1,619 prisoners remaining who began the original journey aboard the Oryoku Maru. Within weeks over 100 more perished. A review of the survivor listing shows the applicant as one of the survivors of what has been deemed the "Hell Ships."

21. In the processing of this case a staff member of the Board contacted officials at the Total Army Personnel Command (PERSCOM) Awards Branch to ascertain if any members of the "Hell Ships" had ever been awarded the Purple Heart. An official at the PERSCOM indicates that many of the casualties of the "Hell Ships" were awarded the Purple Heart posthumously.

CONCLUSIONS:

1. Although the available records do not indicate that the applicant was treated for his wounds or injuries, his physical examination made at the time of his repatriation indicates that he suffered multiple wounds of the hands, forehead and legs, as well as an injury to the left scrotum during a bomb concussion in January 1945. His DD Form 214 indicates that he was wounded in December 1944 in Subic Bay and in January 1945 in Takao.

2. Given the fact that the applicant was wounded while a prisoner of war and during attacks made by US Forces who were unaware that that the "Hell Ships" contained prisoners of war, it is not reasonable to expect that the applicant was treated by medical personnel or that it was made a matter of record. Even if there was a record of such treatment made at the time, it is not reasonable to expect that such records would have survived the sinking ships or were turned over to US officials at the time of repatriation.

3. The Board also finds that given the entries on his DD Form 214 indicating that he was wounded in Subic Bay in December 1944 and Takao in January 1945, it is reasonable to presume that he was wounded/injured on 15 December 1944 during the attack and sinking of the Oryoku Maru, for which he was recommended for the Medal of Honor, and on 9 January 1945, during the attack and sinking of the Enoura Maru.

4. Accordingly, the Board finds that the applicant was entitled to be awarded two awards of the Purple Heart for wounds sustained as a result of enemy action on 15 December 1944 and 9 January 1945, while serving in the rank of 1LT and in a POW status.

5. The Board also notes that while he was awarded the POW Medal, that award was never included on his DD Form 214. Therefore, it would be in the interest of justice to do so at this time.

6. 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 by awarding the individual concerned two awards of the Purple Heart for wounds received in action against the enemy on 15 December 1944 and 9 January 1945, while serving in the rank of 1LT and in a POW status, and that his POW Medal be added to his DD Form 214 along with his awards of the Purple Heart.

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	AR2003089881
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/09/25
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107.0015/PH
2.
3.
4.
5.
6.