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ARMY | BCMR | CY2005 | 20050001573C070206
Original file (20050001573C070206.TXT) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 FEBRUARY 2005
	DOCKET NUMBER:  AR20050001573 


	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. Deborah L. Brantley

Senior Analyst


The following members, a quorum, were present:


Ms. Jennifer Prater

Chairperson

Mr. Thomas Pagan

Member

Mr. Kenneth Lapin

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 reconsideration of his previous request for award of the Purple Heart.

2.  The applicant states he recently received the Board’s Record of Proceedings denying him award of the Purple Heart.  He states that while the Board added two bronze service stars to the Asiatic Pacific Service Medal recorded on his separation document, in actuality he states he participated in four combat locations; Leyte, Luzon, New Guinea, and Okinawa.

3.  The applicant expanded the statement in his original application regarding his combat injury and states that he walked to an aid station under his own power, despite the pain he had from the shell that landed almost next to him.  He states that medical personnel ignored him because they saw no blood on him.  He states he returned to the aid station the following day and was ignored again.  

4.  The applicant submits a copy of an order awarding him the Bronze Star Medal for heroic achievement and notes that the award shows that he was under enemy fire.  He states that he knows the Japanese “were shooting 75 and 150 millimeter shells at [him], and too many landed too close to [him].”  He notes that there were many instances in combat that no words were written and questions the amount of time members of the Board have spent in combat.

5.  The applicant provides a copy of his Bronze Star Medal order in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2004106629, on 21 December 2004.

2.  The applicant’s Bronze Star Medal order constitutes new evidence which was not previously seen by the Board and as such, warrants consideration.

3.  On 23 April 1945 the applicant was awarded a Bronze Star Medal for “heroic achievement in military operations against the enemy…on 10-12 January 1945.” The award narrative indicates that the applicant voluntarily went forward to advanced infantry observation posts outside the perimeter for the purpose of furnishing continued naval gunfire throughout the night.  It stated that on another night the applicant volunteered with his men and moved up the enemy held hill and laid a double line of communication wire back to his radio in order to insure uninterrupted communications and that for two hours, deep in enemy territory and subject to being cut off and annihilated, he observed enemy gun flashes and successfully directed naval gunfire.  The award makes no mention of the applicant, a Field Artillery officer, being wounded as a result of hostile action.

4.  A further review of Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, indicates that the applicant’s unit, the 75th Joint Assault Signal Company, was credited with participation in the Leyte Campaign, the Luzon Campaign, the New Guinea Campaign, and the Ryukyus Campaign.  The Ryukyus Campaign was the official name of the campaign which the applicant refers to as the “battle for Okinawa.”

5.  The applicant’s separation document reflects participation in the Southern Philippines, New Guinea, and Ryukyus Campaigns.  Bronze service stars on the Asiatic-Pacific Campaign Medal, which is recorded as the Asiatic Pacific Service Medal on the applicant’s separation document, are intended to denote campaign participation.  A silver service star is worn in lieu of five bronze service stars.

6.  As a matter of information, the Board members, and members of its staff, have a myriad of military experience and backgrounds.  Many of the current members have had extensive and personal combat experiences dating back to the Korean War, including several individuals with decorations for valor.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s award of the Bronze Star Medal further confirms the applicant’s active participation in ground combat, it does not offer any additional evidence which confirms that he was wounded in action.  The evidence does confirm that the applicant was a Field Artillery officer and the decision by the Department of Veterans Affairs to grant the applicant disability compensation for a service connected hearing loss is consistent with the hearing trauma a Field Artillery officer would have experienced during military service.  It does not however, confirm entitlement to an award of the Purple Heart.

2.  The applicant’s frustration in not being able to secure an award that he believes he is entitled to is understandable.  However, the Board can assure him that his combat participation and military achievements are not in question.  Unfortunately, the fact that he may be receiving disability compensation for a hearing condition, which the Department of Veterans Affairs has determined resulted from his military service does not serve as evidence for an award of the Purple Heart.

3.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the Board Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JP  __  ___TP  __  ___KL __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2004106629, dated 21 December 2004.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Bronze Star Medal for heroic achievement, participation in the Leyte and Luzon Campaigns, and entitlement to a silver service star on his Asiatic-Pacific Campaign Medal denoting participation in five designated campaign periods, in lieu of two bronze stars denoting participation in only two campaign periods.





___     Jennifer Prater    ____
          CHAIRPERSON




INDEX

CASE ID
AR20050001573
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20050215
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.


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