RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 May 2007
	DOCKET NUMBER:  AR20060017210 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Yolanda Maldonado

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Gerald J. Purcell

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, that he be awarded the Purple Heart; the Liberation Medal for the Liberation of the Philippines; and the Army of Occupation Medal, with Japan Clasp.

2.  The applicant states, in effect, that he earned these medals but never received any of them. 

3.  The applicant provides no additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 12 January 1945, the date of his separation from active duty.  The application submitted in this case is dated 9 November 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 records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 23 September 1943 and entered active duty on 14 October 1943.  He served in the Asiatic-Pacific Theater of Operations from 18 May 1944 to 4 January 1946.  While in service, he served in military occupational specialty 745, as a Rifleman.  He was honorably separated on 12 January 1946.

4.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he was awarded the Asiatic-Pacific Theater Campaign Ribbon, with two bronze service stars; the Philippine Liberation Ribbon, with one bronze service star; the Good Conduct Medal; the World War II Victory Medal; the Combat Infantryman Badge; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-1 Rifle).  His WD AGO Form 53-55 does not show any additional awards.  

5.  Item 34 (Wounds Received in Action), of his WD AGO Form 53-55, shows the entry "None."  There is no record that the applicant was awarded the Purple Heart.  There also is no evidence in the available records to show he was wounded or treated for wounds as a result of hostile action

6.  A review of his WD AGO Form 24 (Service Record) and WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) failed to indicate that he received any wounds or injuries during his service or that he was treated for such prior to his separation from active duty.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. 

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal 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.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign 
Participation Credit Register), dated 6 July 1961, shows that the applicant 
was assigned to a unit which was awarded the Republic of the Philippines Presidential Unit Citation, by Department of the Army General Orders Number 47, dated 1950.

10.  Department of the Army Pamphlet 672-1 shows, among other information, occupation credit awarded to units during World War II.  This document shows the unit to which the applicant was assigned, the 323rd Infantry Regiment, was awarded occupational credit for the occupation of Japan for the period from 5 November 1945 to 30 January 1946.

DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence of record, and the applicant has provided insufficient evidence, which shows he was injured or wounded due to hostile action during World War II.  There also is no evidence in the available records to show that he was treated by a field medic and returned to duty.  The applicant's WD AGO Form 24 has no record of the applicant ever being wounded and his WD AGO Form 38 failed to indicate that he received any wounds or injuries during his service or that he was treated for such prior to his separation from active duty.  Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart.

2.  The applicant asserts that he should be awarded the Liberation Medal for the Liberation of the Philippines (correctly known as the Philippine Liberation Ribbon).  It is noted that this award is currently shown on his WD AGO Form
53-55.

3.  The evidence shows the applicant was awarded the Combat Infantryman Badge during World War II.  Based upon the special provisions of the awards regulation which considers award of the Combat Infantryman Badge a citation in orders, the applicant is entitled to award of the Bronze Star Medal and to have this award added to his WD AGO Form 53-55.

4.  The evidence of record shows that the applicant is entitled to award of the Republic of the Philippines Presidential Unit Citation.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this unit award.

5.  The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Japan Clasp.  He is therefore entitled to correction of his records to show this award. 

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 January 1946, the date of his separation from active duty.  The ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  The applicant did not file within the 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LD____  __YM___  _GJP___  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 awarding the applicant the Bronze Star Medal, based on award of the Combat Infantryman Badge; the Republic of the Philippines Presidential Unit Citation; and the Army of Occupation Medal, with Japan Clasp; and adding these awards to his WD AGO Form 53-55.

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 to the applicant and its addition to his WD AGO Form 53-55.




____Yolanda Maldonado______
          CHAIRPERSON




INDEX

CASE ID
AR20060017210
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070515
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19460112
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON

BOARD DECISION
DENY//GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.


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