RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 DECEMBER 2004
      DOCKET NUMBER:  AR2004106971


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Seema Salter                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that on or about 7 July 1944 he was a forward
observer with the 147th Field Artillery Battalion, operating with a platoon
of the 158th Infantry Regiment on Noemfoor Island, New Guinea.  They had
been on patrol all day and returned to their perimeter in the afternoon.
They built a small fire to heat C-rations for supper.  While he was
squatting at the fire someone threw a can of gasoline onto the fire to
expedite burning.  The fire exploded and he suffered second-degree burns on
his chest and abdominal area.  He was rushed to the nearest medical unit
and treated.  The doctor asked him if he wanted the Purple Heart.  He was
in great pain at that time and he did not adequately reply, so no action
was taken.  He was hospitalized for one week and then returned to duty.
The telegram, of which he had no knowledge, was found among his mother's
effects at the time of her death.

3.  The applicant provides a copy of a DA Form 1577, Authorization for
Issuance of Awards; a copy of a Western Union telegram; a copy of WD AGO
Form 100 (Separation Qualification Record); a copy of his certificate of
service; and a copy of his WD AGO Form 53-55 (Military Record and Report of
Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 May 1946.  The application submitted in this case is
dated 1 April 2004.

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 not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.
4.  The applicant was an enlisted man from June 1942 to August 1943.  His
separation qualification record shows that he was trained as an aviation
mechanic at Army Air Force schools at Spence Field, Georgia, and Lambert
Field, Missouri.

5.  His report of separation shows that he entered on active duty on 12
August 1943 and served in the 147th Field Artillery Battalion (158th
Regimental Combat Team) in the Asiatic Pacific Theater during World War II
beginning in March 1944, and returning to the United States in February
1946.  He was released from active duty at Fort Leavenworth, Kansas in the
grade of captain on 20 May 1946.  He was awarded the World War II Victory
Medal, the Bronze Arrowhead, the Philippine Liberation Medal with one
bronze star, the Asiatic Pacific Service Medal and the American Theater
Service Medal.  His WD AGO Form 53-55 does not show award of the Purple
Heart.  It does, however, contain the entry in item 30 of that form, Wounds
Received in Action, "7 Jul 44 Asiatic Pacific Theater."

6.  In a Western Union telegram, date unknown, the applicant's mother was
informed that the applicant was seriously injured in action on 7 July 1944
in Noemfoor, New Guinea.

7.  Army Regulation 600-8-22 provides 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.  Examples of enemy-related injuries
which clearly justify award of the Purple Heart include injury caused by
enemy bullet, shrapnel, or other projectile created by enemy action, injury
caused by enemy placed mine or trap, and concussion injuries caused as a
result of enemy generated explosions. Examples of injuries or wounds which
clearly do not qualify for award of the Purple Heart include heat stroke,
battle fatigue, post traumatic stress disorders, and accidents, to include
explosive, aircraft, vehicular, and other accidental wounding not related
to or caused by enemy action.

8.  The Army 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.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.

9.  The Unit Citation and Campaign Participation Credit Register shows that
the 147th Field Artillery Battalion was awarded the Republic of Philippine
Presidential Unit Citation for its actions while the applicant was assigned
to that organization. The 147th served as an occupation force in Japan from
November 1945 to January 1946.

10.  The Army of Occupation Medal with Japan clasp is awarded for
occupation of Japan between 3 September 1945 and 27 April 1952.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the applicant's report of separation and the Western Union
telegram notwithstanding, it appears that the applicant was not wounded as
a result of hostile action.  The applicant himself states that his injuries
were from an accidental explosion caused when someone threw a can of
gasoline onto a fire.   Consequently, taking into consideration his
statement and the strict parameters concerning the award, his injuries do
not entitle him to award of the Purple Heart. Consequently, his request for
award of the Purple Heart cannot be granted.

2.  The applicant's exact service as an enlisted Soldier cannot be
determined.  The evidence shows that he served as an enlisted man from June
1942 to August 1943, apparently prior to his appointment as a commissioned
officer.  He obviously served his country faithfully and honorably while in
an enlisted status, otherwise he would not have been commissioned.
Consequently, the applicant is entitled to award of the Army Good Conduct
Medal.

3.  The applicant is entitled to award of the Philippine Presidential Unit
Citation and the Army of Occupation Medal with Japan clasp.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___FE __  ___PS    _  ___SS __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 award of the Army Good
Conduct Medal, the Philippine Presidential Unit Citation, and the Army of
Occupation Medal with Japan clasp.

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
award of the Purple Heart.





                                  ______Fred Eichorn________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106971                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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