RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 September 2007
	DOCKET NUMBER:  AR20070005266 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Ronald D. Grant

Member

Mr. Rowland C. Heflin

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 correction of his records to show award of the Purple Heart. 

2.  The applicant states, in effect, that he was wounded by enemy shell fragments to his right wrist and left knee while serving in Leyte, Philippines.  He further states that he developed yellow jaundice at that time and was treated at a New Guinea hospital.  To the doctor the yellow jaundice was more critical than the wounds and it seems that they were not recorded. 

3.  The applicant provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 3 July 1940 and successfully completed basic training and advanced individual training.  

3.  On 10 May 1944, the applicant departed the United States for duty in the Western Pacific Theater of Operations.  He arrived in the Western Pacific Theater of Operations on 4 June 1944.  He was assigned to H Troop, 8th Cavalry Regiment, 1st Cavalry Division.

4.  The applicant's WD AGO Form 24 (Service Record) shows that he arrived on the Admiralty Islands (in the Bismarck Archipelago) on 5 August 1944 and departed the Admiralty Islands on 12 October 1944.


5.  On 17 August 1945, the applicant departed the Western Pacific Theater of Operations after being credited with participating in four campaigns.

6.  Item 11 (List all significant diseases, wounds, and injuries.  State circumstances under which wounds or injuries were incurred and date of onset) of the applicant's WD AGO Form 33 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 
16 September 1945, contains the entry "(a) Skin condition-June 1944 363rd Station Hospital, New Guinea.  (b) Malaria—Malaria 21   26 December 44 New Guinea 54th General Hospital.  Recurrance (sic) August 45."  Item 15 (Skin) contains the entry “11 noted no abnormalities noted.”

7.  On 17 September 1945, the applicant was honorably discharged.  

8.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 17 September 1945, shows he was awarded the Combat Infantryman Badge, the American Defense Service Medal, the Asiatic-Pacific Service Medal (now known as the Asiatic-Pacific Campaign Medal), and the Philippine Liberation Ribbon with two bronze service stars.  Item 32 (Battles and Campaigns) shows he participated in the Luzon, New Guinea, and Southern Philippines campaigns.  Item 34 (Wounds Received in Action) contains the entry "NONE."

9.  There are no General Orders in the applicant's records that show he was awarded the Purple Heart.

10.  Army Regulation 600-8-22 (Military Awards) 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 military medical personnel, and the medical treatment must have been made a matter of official record.  

11.  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.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows that the 8th Cavalry Regiment, 1st Cavalry Division was awarded, in addition to other campaign credit, campaign credit for Bismarck Archipelago for the period           15 December 1943 through 27 December 1944.

13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for      30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or          60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

15.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 
53-55.   

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence, such as eyewitness accounts from his chain of command at the time or medical personnel who treated his wounds, that shows he was wounded or treated for wounds as a result of hostile action.  

2.  His separation physical in September 1945 did not mention his being treated for wounds nor is there an entry to show that he was treated for right wrist and left knee wounds.

3.  Regrettably, in the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action there is insufficient basis for award of the Purple Heart in this case.

4.  Evidence of record shows that the applicant received the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy, which makes him eligible for award of the Bronze Star Medal.

5.  The applicant met the eligibility criteria for award of the World War II Victory Medal and the American Campaign Medal.  He is also eligible for four bronze service stars to be worn on his Asiatic-Pacific Campaign Medal (for the three campaigns listed on his WD AGO Form 53-55 plus the Bismarck Archipelago campaign).  The applicant’s WD AGO Form 53-55 should be amended to add these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JEV  __  __RDG  _  __RCH__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Bronze Star Medal (based on award of the Combat Infantryman Badge); and 

	b.  amending his WD AGO Form 53-55 to add the Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II Victory Medal, the American Campaign Medal, and four bronze service stars to be worn on his already-awarded Asiatic-Pacific Campaign 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 award of the Purple Heart.




____James E. Vick         __
          CHAIRPERSON




INDEX

CASE ID
AR20070005266
SUFFIX

RECON

DATE BOARDED
19 SEPTEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.