RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060013363 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Michael J. Flynn

Member

Mr. Edward E. Montgomery

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, in effect, correction of his military service records to show he served overseas during World War II, was wounded in action, and awarded the Purple Heart.
 
2.  The applicant states, in effect, that he was presented the Purple Heart at Tinker Air Force Base, Oklahoma City, Oklahoma on 11 December 1943.  He also states, in effect, the fact that he was wounded in action and awarded the Purple Heart is not recorded in his military service records.  The applicant further states, in effect, that he served overseas in Hawaii, Christmas Islands, Fiji Island, New Caledonia, and Guadalcanal during World War II; however, this overseas service is not recorded in his military service records.

3.  The applicant provides copies of a War Department (WD), Adjutant General Office (AGO) Form Number 55 (Army of the United States Honorable Discharge Certificate and Enlisted Record), dated 10 August 1943, Certified Copy of Army of the United States Honorable Discharge Certificate, dated 10 August 1943; Headquarters, Camp Gruber, Office of the Camp Commander, Camp Gruber, Oklahoma letter, dated 11 October 1943; Military Service Records (Page 84); and a newspaper article titled Veteran Back and Confident, accompanied by a photograph of the applicant with his sister, dated 12 December 1943.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 10 August 1943, the date of his discharge.  The applications submitted in this case are dated August 2006 and 10 December 2006.

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 service 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's records contain a War Department (WD) Form 370 (Final Statement), Voucher Number 18246, dated 31 August 1943.  This document shows the applicant was inducted in the Army of the United States on
25 February 1942, attained the grade of private first class, and was honorably discharged on a Certificate of Disability Discharge at Borden General Hospital on 10 August 1943.

5.  In support of his application the applicant provides the following documents:

     a.  WD AGO Form Number 55 (Army of the United States Honorable Discharge Certificate and Enlisted Record) and Certified Copy of Army of the United States Honorable Discharge Certificate, both dated 10 August 1943.  These documents show, in pertinent part, that the applicant was inducted in the Army of the United States on 25 February 1942, participated in the Battle of Guadalcanal, and was honorably discharged on 10 August 1943 after completing a total of 1 year, 5 months, and 17 days service.  These documents also show for the line item "Decorations, service medals, citations" the entry "None"; for the line item "Wounds received in service" the entry "None"; and for the line item "Character" the entry "Excellent."

     b.  Headquarters, Camp Gruber, Office of the Camp Commander, Camp Gruber, Oklahoma letter, dated 11 October 1943.  This document shows, in pertinent part, that the lieutenant colonel serving as the executive officer at Headquarters, Camp Gruber, contacted the applicant to arrange for the presentation of "the Order of The Purple Heart for your meritorious and heroic action performed during your recent service before the enemy with the Army of the United States."

     c.  Military Service Records (page 84), which is a hand-written document that offers a personal summary of the applicant's military service record.

     d.  A newspaper article titled Veteran Back and Confident, accompanied by a photograph of the applicant with his sister, dated 12 December 1943.  This document provides information identifying the applicant as a World War II Purple Heart recipient.  This document states that beginning in January 1943, the applicant had been in hospitals in New Caledonia, Australia, and New Zealand and after 5 months hospitalization at Borden General Hospital in Chickasha, 
Oklahoma, he was discharged from the Army.  This document also indicates that the applicant was presented the Purple Heart in a service at Tinker Air Field [on 11 December 1943] for wounds received at Guadalcanal in January 1943.

6.  A review of the applicant's military service records reveals that he may be entitled to additional awards.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service in the Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

8.  Appendix B (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) of Army Regulation 600-8-22 lists the campaigns in the Asiatic-Pacific Theater for World War II.  This document lists the Guadalcanal Campaign and shows the inclusive dates were 7 August 1942 to 21 February 1943.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Asiatic-Pacific Campaign Medal.

10.  Army Regulation 600-8-22 provides that the 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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on 1 year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.

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

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Honorable Service Lapel Button is a button of gold-color metal that consists of an eagle perched within a ring composed of a chief and 13 vertical stripes.  The Honorable Service Lapel Button is issued for honorable Federal military service between
8 September 1939 and 31 December 1946.

13.  Army Regulation 600-8-22 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 the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  As with all personal decorations, announcement in orders is required.

14.  The mission of The Institute of Heraldry (TIOH), U.S. Army, Fort Belvoir, Virginia, is to furnish heraldic services to the Armed Forces and other U.S. government organizations.  TIOH website provides, in pertinent part, information on the Order of the Purple Heart and shows that during the early period of World War II (i.e., from 7 December 1941 to 22 September 1943), the Purple Heart was awarded both for wounds received in action against the enemy and for meritorious performance of duty.  With the establishment of the Legion of Merit, by an Act of Congress, the practice of awarding the Purple Heart for meritorious service was discontinued.  By Executive Order 9277, dated 3 December 1942, the decoration was extended to be applicable to all services and the order required that regulations of the Services be uniform in application as far as practicable.  This executive order also authorized award only for wounds received.  In this regard, the Military Awards regulation also provides, in pertinent part, that any member of the Army who was awarded the Purple Heart for meritorious achievement or service, as opposed to wounds received in action, between 7 December 1941 and 22 September 1943, may apply for award of an appropriate decoration instead of the Purple Heart.

15.  War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures in discharging or releasing personnel from active duty.  The instructions for completing the Report of Separation (WD AGO Form 53-55) states that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and verifiable information ascertained by interview with the dischargee.  The instructions for completing Item 33 (Decorations and Awards) state to enter all authorized awards and decorations; for Item 34 (Wounds Received in Action) enter the place and date; and for Item 36 (Service Outside Continental U.S. and Return), in pertinent part, state to enter the theater of operations.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military service records should be corrected to show that he served overseas in the Pacific Theater of Operations, was wounded in action in January 1943 in Guadalcanal, and awarded the Purple Heart.  He also contends, in effect, that his discharge document should show the specific geographical locations (countries) where he served in the Pacific Theater of Operations during World War II.

2.  The evidence of record indicates the applicant was wounded in action during the Guadalcanal Campaign in January 1943.  The evidence of record also shows that, based on his injuries, the applicant was medically evacuated out of the theater of operations and returned to the continental United States for further treatment.  The evidence of record further indicates that the applicant was officially presented the Purple Heart.  Therefore, based on the available evidence of record in this case, the applicant is entitled to correction of his records to show that he was wounded in action in January 1943 in Guadalcanal and was awarded the Purple Heart.

3.  The evidence of record shows that the applicant served in the Pacific Theater of Operations and participated in the Guadalcanal Campaign.  Therefore, he is entitled to correction of his records to show he served overseas in the Pacific Theater of Operations and award of the Asiatic-Pacific Campaign Medal with
1 bronze service star.

4.  There is no evidence of record, and the applicant fails to provide sufficient evidence, to show that specific geographical locations (countries) where he served in the Pacific Theater of Operations during World War II are authorized to be recorded on the DD Form 214.  Therefore, he is not entitled to correction of his records to show the specific countries.

5.  The evidence of record shows that the applicant honorably served in the Army of the United States from 25 February 1942 through 10 August 1943, was credited with completing 1 year, 5 months, and 17 days service, and his service was characterized as excellent.  In view of this service, the applicant is entitled to award of the Good Conduct Medal for the period 25 February 1942 through
10 August 1943 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his records to show this award.

6.  The evidence of record shows that the applicant qualified for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this service medal.

7.  The evidence of record shows that the applicant qualified for award of the Honorable Service Lapel Button.  Therefore, he is entitled to correction of his records to show this award.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 August 1943, the date of his discharge.  Therefore, based on the date the Board was established, 2 January 1947, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  Although the request was not submitted within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact that there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____CG _  ___MJF _  ___EEM_  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:

	a.  awarding the applicant the Purple Heart for wounds received in action in Guadalcanal in January 1943;

	b.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 25 February 1942 to 10 August 1943; and

	
	c.  issuing an appropriate document showing that the applicant:
	    
	     (1)  served overseas in the Pacific Theater of Operations; and
	    
	     (2)  was awarded the Purple Heart, Good Conduct Medal, Asiatic-Pacific Campaign Medal with 1 bronze service star, World War II Victory Medal, and Honorable Service Lapel Button.

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 showing overseas service in Hawaii, Christmas Islands, Fiji Island, and New Caledonia.




_____Curtis Greenway______
          CHAIRPERSON




INDEX

CASE ID
AR20060013363
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/12
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19430810
DISCHARGE AUTHORITY
CDD and 2nd Ind, Border GH, Chickasha, OK
DISCHARGE REASON
Certificate of Disability Discharge
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.
107.0064.0000
4.
107.0066.0000
5.

6.