RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:      8 November 2007	  
	DOCKET NUMBER:  AR20070008965 


	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.


x

	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 the Purple Heart be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge.

2.  The applicant states, in effect, that he was awarded the Purple Heart while he was in Clark Field Tent Hospital, in the Philippines.  He adds that he would just like to have it added to his record.

3.  In support of his application, the applicant submitted a copy of his WD AGO Form 53-55, a copy of a Veterans Administration Form P-80a-Rev.May1944, Award of Disability Compensation or Pension (Service Connected).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The applicant's request for correction of his records was submitted under cover of a letter of transmittal prepared by counsel whose only request is to, "Please take action on the following – Application for correction of military records for an update of the receipt of the Purple Heart."

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's records show he was inducted into the Army of the United States on 24 September 1943 and entered service at Fort Crook, Nebraska, on 15 October 1943.  He was honorably separated in the grade of Technician Fifth Grade, on 30 December 1945, as a construction machine operator, in the military occupational specialty, 359.

3.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-55, shows he was awarded the Philippine Liberation Ribbon [now known as the Philippine Liberation Medal], with two bronze service stars, and the Good Conduct Medal.  The Purple Heart is not shown on his WD AGO Form 53-55.

4.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53-55, shows the entry, "None."

5.  Item 31 (Military Qualification and Date), of the applicant's WD AGO Form 53-55, shows he was awarded no marksmanship qualification badge(s).

6.  Item 36 (Service Outside Continental U.S. and Return), of the applicant's WD AGO Form 53-55, shows he departed the United States on 20 January 1944 and arrived in the Asiatic-Pacific Theater of Operations (APTO) on 20 February 1944. The applicant departed the APTO on 30 November 1945 and arrived in the United States on 18 December 1945.

7.  The applicant's WD AGO Form 53-55 shows he was awarded credit for participating in the Luzon, Bismarck Archipelago, New Guinea, and the Southern Philippines campaigns of World War II.

8.  Item 37 (Total Length of Service), of the applicant's WD AGO Form 53-55, shows he was credited with 4 months and 8 days Continental service and 1 year, 10 months, and 29 days foreign service.

9.  Item 55 (Remarks), of the applicant's WD AGO Form 53-55, shows he was issued the Lapel Button [correctly known as the Honorable Service Lapel Button, World War II].

10.  A WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, on file in the applicant's service personnel records shows he listed six significant diseases or injuries he sustained while he served on active duty in the Pacific.  Listed are:  Malaria, 1945; burns on right leg, hip, chest, shoulder, and arm, January 1945; Dengue Fever, July 1945; fractured right wrist, October 1945, Epididymitis, December 1945, and a broken nose in May 1944.  There is no indication any of the injuries were received as a result of enemy hostile action.

11.  On 19 September 1956, the applicant made an original disability claim with the Department of Veterans Affairs (VA).  A statement appears in the additional information section of the VA Form 3101, Request for Information, which was submitted by that agency to the Department of the Army.  It reads, in part, ". . . . burns to right side, incurred when starting a fire with gasoline . . . Started fire with gasoline in violation of orders."
12.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  It is estimated that the SGO files document 95 percent of all hospitalized battle casualties from World War II and the Korean War.  Searches of these files show the applicant was treated for burns to the knee region; a fracture, compound, with no nerve or artery involvement; and a simple adult maladjustment  The circumstances shown on the "SGO Files" report are, "All unspecified non-battle injuries," and "Not a traumatism."

13.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows the applicant's unit, the 1879th Engineer Aviation Battalion, was awarded the Philippine Republic Presidential Unit Citation, for the period 17 October 1944 through 4 July 1945, by Department of the Army General Orders 47, dated 1950.  The applicant was a member of the unit at the time the unit was cited for this unit award.

14.  The applicant's Service Qualification Record, WD AGO Form 20, shows he qualified in the degree of marksman, with the M-1 Carbine, on 18 November 1943, and was awarded the Marksman Marksmanship Qualification Badge, with Carbine Bar.  This marksmanship qualification badge is not shown on his WD AGO Form 53-55.

15.  Army Regulation (AR) 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, 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.

16.  AR 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.

17.  AR 600-8-22 provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-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.  AR 600-8-22 also 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.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Campaign Medal.

18.  AR 670-1, paragraph 28-28 states, one overseas service bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service outside CONUS (Continental United States), from 7 December 1941 until 
2 September 1946, both dates inclusive.  In computing overseas service, an overseas service bar is not authorized for a fraction of a 6-month period.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be provided to verify that the applicant was wounded as the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

2.  There is no evidence, and the applicant provided none to show he was wounded as a result of hostile action.  The applicant's records contain documents that show he sustained disease and injury and received medical care for these diseases and injuries while he served on active duty; however, the injuries are not shown to have resulted from enemy hostile action.

3.  A search of the "SGO Files" revealed that the applicant was treated for burns to the knee region; a fracture, compound, with no nerve or artery involvement; and a simple adult maladjustment.  The circumstances shown on the "SGO Files" report are, "All unspecified non-battle injuries" and "Not a traumatism."

4.  The applicant's WD AGO Form 53-55, shows no award of the Purple Heart in Item 33.  The separation document shows the entry "None" in Item 34.  The applicant authenticated the WD AGO Form 53-55 in his own hand and affixed his thumb print in the appropriate space on the date of his separation from the Army attesting that the information recorded on the form was, to the best of his knowledge, accurate and complete.  Therefore, based on the available evidence in this case, he is not entitled to award of the Purple Heart and to have it added to his WD AGO Form 53-55.
5.  The applicant served in the Asiatic-Pacific Theater of Operation during World War II and participated in four campaigns.  He is therefore entitled to award of the Asiatic-Pacific Campaign Medal, with four bronze service stars, and to have this award added to his WD AGO Form 53-55.

6.  The applicant served on active duty during the qualifying period, between 7 December 1941 and 31 December 1946 for award of the World War II Victory Medal.  He is therefore entitled to award of the World War II Victory Medal and to have this award added to his WD AGO Form 53-55.

7.  The evidence shows the applicant qualified in the degree of marksman with his assigned M-1 Carbine.  He is therefore entitled to have the Marksman Marksmanship Qualification Badge, with Carbine Bar, added to his WD AGO Form 53-55.

8.  The applicant's unit, the 1879th Engineer Aviation Battalion, was awarded the Philippine Republic Presidential Unit Citation, while he was a member of the unit.  He is entitled to this unit award and to have it added to his WD AGO Form 53-55.

9.  The applicant served overseas for a period of 1 year, 10 months, and 29 days during the qualifying period.  He is therefore entitled to award of 3 overseas service bars and to have these bars added to his WD AGO Form 53-55.

10.  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

___x___  __x____  __x__  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 is insufficient as a basis for correction of the records of the individual concerned.

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 by:

	a.  awarding the applicant the Asiatic-Pacific Campaign Medal, with four bronze service stars, and the World War II Victory Medal and adding these awards to the applicant's WD AGO Form 53-55;

	b.  awarding the applicant the Philippine Republic Presidential Unit Citation and adding this unit award to his WD AGO Form 53-55;

	c.  awarding the applicant 3 overseas service bars and adding these bars to his WD AGO Form 53-55; and

	d.  adding the already-awarded Marksman Marksmanship Qualification Badge, with Carbine Bar, to his WD AGO Form 53-55.




______x____
          CHAIRPERSON




INDEX

CASE ID
AR20070008965
SUFFIX

RECON

DATE BOARDED
20071108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY with Admin Correction
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.