RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 February 2004
         DOCKET NUMBER: AR2003090624


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Ms. Margaret V. Thompson		Member
Mr. Lawrence Foster		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his record be corrected to show award of the Purple Heart.

2. The applicant states that he is authorized a Purple Heart, but he never received it. In a statement written to the Board, the applicant indicates that, while assigned to the Island of Luzon, he participated in eight-man patrols that searched out Japanese soldiers from entrenched locations such as caves. It was during one of these searches that he received a shrapnel injury to the side. His urethra was punctured resulting in emergency surgery and one of his kidney’s was removed.

3. The applicant provides in support of his request: a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge); an Honorable Discharge Certificate; and a letter from the Veterans Administration, dated 9 March 1946, which states that he was granted a 30 percent disability rating for his kidney condition, and that he was granted a 30 percent disability rating for his malaria condition, for a combined disability rating of 50 percent.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 25 October 1945. The application submitted in this case is dated 7 March 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.

4. On 9 August 1944, the applicant was inducted into the Army of the United States. He served in military occupational specialty (MOS) 745, Rifleman. He served in the Asiatic-Pacific Theater from 19 February to 4 September 1945. He participated in the Luzon Campaign.

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5. Hospital Admissions Cards created by the Department of the Army, Office of The Surgeon General in 1945 shows the applicant was hospitalized on 27 July 1945. He was diagnosed with: hydronephrosis, is distention (dilation) of the kidney with urine, caused by backward pressure on the kidney when the flow of urine is obstructed; acute pyelonephritis, a bacterial infection of one or both kidneys; and malaria. His treatment included nephrectomy (excision of kidney) and/or heminephrectomy (excision of a portion of the kidney).” The Admission Card shows his disposition as, “Discharged or Retired for Disability, Line of Duty, Yes.” The applicant's medical condition was not classified as a battle injury.

6. On 25 October 1945, while at Vaughan General Hospital, Hines, Illinois, the applicant was honorably separated. His WD AGO Form 53-55 shows he was awarded the Good Conduct Medal, Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon, the Combat Infantryman Badge, Bronze Battle Star, and the Honorable Service Lapel Button, World War II. It does not show the Purple Heart as an authorized awards, nor does it indicate that the applicant was ever wounded in action.

7. Army Regulation 600-8-22 (Military Awards) 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: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

8. Army Regulation 600-8-22 also 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.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal (ACM). This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the Continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty

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outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal). It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1. Records indicate that the applicant was not wounded in action. The applicant's medical condition involving his kidneys, and for which he is receiving VA compensation, was the result of illness. Hospital Admission Cards clearly show that he suffered from hydronephrosis and pyelonephritis, for which he underwent a nephrectomy and/or heminephrectomy.

2. To be awarded the Purple Heart, the applicant would have to show he was wounded and that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. There is no such substantiating proof in the applicant’s record, nor has the applicant provided any that shows he was ever wounded as a result of hostile action. Therefore, no basis has been established for award of the Purple Heart.

3. The applicant is authorized award of the Bronze Star Medal as a result of having received the Combat Infantryman Badge. He is also authorized award of the American Campaign Medal and the World War II Victory Medal Victory Medal.

BOARD VOTE:

__rvo___ __mvt___ __lf____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is authorized award of the Bronze Star Medal, the American Campaign Medal, and the World War II Victory Medal.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.



                  Raymond V. O'Connor, Jr.
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090624
SUFFIX
RECON
DATE BOARDED	20040224
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.	107.0066
4.
5.
6.