RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 OCTOBER 2005
	DOCKET NUMBER:  AR20050001605 


	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:


Mr. Ted Kanamine

Chairperson

Mr. Patrick McGann

Member

Ms. Carol Kornhoff

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 that his record be corrected to show that he enlisted in the Army on 26 September 1942; that he participated in campaigns in the Aleutians, Marshall Islands, Philippines, and Ryukyus; that he was on occupation duty in Korea; that he was awarded the Bronze Star Medal for heroic achievement; that he was awarded the Purple Heart for wounds received in action on 28 May 1943, and the Purple Heart for wounds received in action on   12 November 1944; and that he was awarded the Distinguished Unit Citation (now the Presidential Unit Citation). 

2.  The applicant states that his Enlisted Record and Report of Separation      (WD AGO Form 52-53) shows that he was inducted into the Army on 26 October 1942.  He was not inducted.  He enlisted approximately on 26 September 1942.  After enlisting, he was given a week’s leave to get his affairs in order.  A few days later his brother suddenly died and he was quarantined for 30 days.  He had been in the service for almost a year before he received his draft notice. 
He was in combat in the Aleutians (Attu, Kiska), Marshal Islands, Philippines (Leyte), and Ryukyus (Okinawa).  He was on occupation duty in Korea.  He was awarded the Bronze Star Medal for heroic achievement for his actions on          15 December 1945.  He lost his hearing due to an explosion from an enemy mortar shell on 28 May 1943.  He was hospitalized in November 1944 because of a hand wound that had been infected.  The 17th Infantry Regiment was awarded the Distinguished Unit Citation, which he never received.   

3.  The applicant provides a copy of his Honorable Discharge Certificate and his Enlisted Record and Report of Separation, a copy of what appears to be a recently prepared page of a General Order showing award of the Bronze Star Medal, a copy of a medical record dated 13 January 1989 showing that the applicant underwent a vestibular function test by a neurologist, and a copy of the applicant’s statement regarding a concussion wound on 28 May 1943.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 23 November 1945.  The application submitted in this case is dated 24 January 2005.

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 limitations 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 are sufficient documents available for the Board to conduct a fair and impartial review of this case.

4.  The applicant’s Enlisted Record and Report of Separation shows that he was inducted into the Army on 26 October 1942.  There is no evidence to indicate otherwise.  He served in the Pacific Theater of Operations during World War II, arriving in Attu on 11 May 1943 and returning to the United States on                12 November 1945.  He served as an intelligence observer with Headquarters Company, 17th Infantry Regiment.  He was discharged at Indiantown Gap Military Reservation on 23 November 1945.  His report of separation shows that he participated in four campaigns – Central Pacific, Southern Philippines, Ryukyus, and Aleutian Islands.  He was awarded the Good Conduct Medal and the Philippine Liberation Ribbon with two bronze stars.  Item 34 (Wounds Received in Action) on his report of separation contains the word, “NONE.”  

5.  There is no evidence, and the applicant has not submitted any, to show that he was on occupation duty in Korea. 

6.  A copy of General Orders Number 15, Headquarters, 7th Infantry Division, dated 12 February 1945, shows that the applicant was awarded the Bronze Star Medal for heroic achievement on 25 October 1944 during the Leyte Island operation.  This copy of the General Order was obtained from the Military Awards Branch, Human Resources Command.

7.  The copy of the medical examination that the applicant submits with his request shows that he underwent a vestibular function test, wherein electrodes were applied medially and laterally to each eye and above and below the left eye to record bilateral horizontal and monocular eye movements respectively.

8.  In a statement prepared by the applicant, dated 27 June 1977, he related an incident that he stated occurred on 28 May 1943 on the island of Attu.  He stated that he and another Soldier were in a foxhole that came under heavy enemy mortar and machine gun fire.  He stated that an enemy mortar shell fell in the foxhole mortally wounding his fellow Soldier, and although not wounded by shell fragments, he was momentarily stunned and suffered a total loss of hearing due to the concussion.  Later his hearing partially returned, but never fully regained.  At the bottom of his statement, he submits signatures of men, who were members of his platoon, and who certified the accuracy of his statement. 

9.  On 22 June 1966 the Veterans Administration Regional Office in Los Angeles informed the applicant that it had considered his claim for disability compensation, but the evidence failed to show that his defective hearing was present during his military service.  In response, on 27 June 1966, the applicant stated that he was enclosing such evidence.  There is, however, no available evidence.

10.  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.

11.  In addition to the campaigns indicated on the applicant’s report of separation, the Unit Citation and Campaign Participation Credit Register shows that the 17th Infantry Regiment participated in the Leyte Campaign and the Eastern Mandates (Ground) Campaign, the campaign for control of the Gilbert and Marshall Islands.  That register also shows that the 17th participated in an assault landing on Attu from 11 May to 2 June 1943, an assault landing on Leyte from 20 October to 27 October 1944, and an assault landing on Okinawa on        1 April 1945.  The 17th Infantry Regiment was awarded the Philippine Presidential Unit Citation for its actions from 17 October 1944 to 4 July 1945.  The regiment was awarded the Distinguished Unit Citation (now the Presidential Unit Citation) for its actions from 23 October to 30 October 1944.  

12.  The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946. 

13.  Service (campaign) medals and service ribbons denote honorable performance of military duty within specified limited dates in specified geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for service stars for wear on campaign and service ribbons to denote an additional award, and states that service stars are authorized for wear on the Asiatic-Pacific Campaign Medal.  A silver service star is worn instead of five bronze service stars. 

14.  The Arrowhead is a bronze replica of an Indian arrowhead.  It denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  It is worn on the service and suspension ribbon of the Asiatic-Pacific Campaign Medal.  Only one arrowhead will be worn on any ribbon. 

15.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Enlisted Record and Report of Separation shows that he was inducted into the Army on 26 October 1942.  Notwithstanding the applicant’s contention to the contrary, there is simply no evidence to reflect otherwise.  Consequently, his request to correct his record to show that he enlisted in the Army on 26 September 1942 cannot be granted.   

2.  The applicant’s statement that he sustained a concussion wound from an enemy mortar shell on 28 May 1943, certified by three former members of his platoon, is noted.  The Board does not dispute the applicant’s contention, or his contention that he sustained a wound to his hand in November 1944.  Unfortunately, there is no medical evidence to substantiate his claim.  There is insufficient evidence to show that he was wounded in action on either occasion.  Therefore, his request for awards of the Purple Heart cannot be granted.

3.  There is no evidence to show that the applicant serviced with an occupation force in Korea.  His request to correct his record to reflect this information cannot be granted.

4.  The applicant served in the Asiatic-Pacific Theater of Operations during World War II.  He is entitled to award of the Asiatic-Pacific Campaign Medal.  

5.  The applicant was awarded the Bronze Star Medal for his actions on Leyte on 25 October 1944.  That award should be reflected in his records.  

6.  The Unit Citation and Campaign Participation Credit Register shows that the 17th Infantry Regiment participated in the Leyte Campaign.  The applicant obviously participated in that campaign, as indicated above.  The 17th also participated in the Eastern Mandates (Ground) Campaign, the campaign for the control of the Gilbert and Marshall Islands.  The applicant, assigned to the       17th Infantry Regiment, would have in all likelihood participated in that campaign. His contention that he was in the Marshall Islands is accepted.  Thus, the applicant’s record should show participation in the Leyte Campaign and the Eastern Mandates (Ground) Campaign.  

7.  The 17th Infantry Regiment participated in three assault landings during World War II – Attu, Leyte, and Okinawa.  The applicant, assigned to the 17th, and who participated in the campaigns for control of the Aleutian Islands, Leyte, and the Ryukyus, more than likely would have participated in those assault landings.  Consequently, his record should reflect that participation.

8.  The applicant was with the 17th Infantry Regiment when it was awarded the Philippine Presidential Unit Citation and the Distinguished Unit Citation for its actions.  He is entitled to those awards.   

9.  The applicant participated in six campaigns during the war, the four shown on his report of separation, and the two indicated above, Leyte and the Eastern Mandates (Ground).  Additionally, he participated in three assault landings while with the 17th Infantry Regiment.  Thus, his record should show award of the Asiatic-Pacific Campaign Medal with one silver service star, one bronze service star, and three bronze arrowheads.

10.  The applicant is entitled to award of the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__TK ___  __PM ___  __CK ___  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 showing participation in the Leyte and Eastern Mandate (Ground) Campaigns, and by participating in the Attu, Leyte, and Okinawa assault landings during World War II.  His record should reflect award of the Asiatic-Pacific Campaign Medal with one silver service star, one bronze service star, and three bronze arrowheads.  His record should also reflect award of the Bronze Star Medal, the Philippine Presidential Unit Citation, the Presidential Unit Citation, 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 correcting his record to show that he enlisted in the Army approximately on 26 September 1942, that he served with an occupation force in Korea, and that he was authorized two awards of the Purple Heart.  




______Ted Kanamine________
          CHAIRPERSON




INDEX

CASE ID
AR20050001605
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051013
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.