RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  04 March 2008
	DOCKET NUMBER:  AR20070013105 


	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

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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 the Enlisted Record and Report of Separation (WD AGO Form 53-55), of her deceased father, a former service member (FSM), be amended to show that he was awarded the Purple Heart.

2.  The applicant states that the FSM served during World War II from 2 July 1943 through 22 January 1946.  She states that he was in an Army infantry regiment where he served in combat at Luzon.  She states that he sustained shrapnel wounds to his knee and was hospitalized in the Philippines.

3.  The applicant provides in support of her application, a copy of her Record of Birth; a copy of her Certificate of Marriage; two copies of the FSM's Certificate of Death; a copy of a letter, dated 15 April 2007, addressed to the Army Review Board Agency, Support Division; a copy of the FSM's WD AGO Form 53-55; a copy of the FSM's Honorable Discharge Certificate; a copy of the FSM's Separation Qualification Record (WD AGO Form 100); and a copy of a Veterans Administration Award of Disability Compensation or Pension, dated 18 March 1946.

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 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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army at Fort Oglethorpe, Georgia, on 2 July 1943 and he successfully completed his training as an armorer.  On 27 February 1944, he was transferred to the Pacific Theater of Operations.

4.  The FSM returned to the Continental United States on 14 January 1946, and he was honorably discharged on 22 January 1946, under the provisions of Army Regulation 615-365, for the Convenience of the Government, due to demobilization.

5.  The WD AGO Form 53-55, that the FSM was furnished at the time of his discharge shows that he was awarded the Asiatic Pacific Campaign Medal, the Philippine Liberation Ribbon, the Army Good Conduct Medal, the World War II Victory Medal, the Army Service Ribbon, and the Honorable Service Lapel Button.  His WD AGO Form 53-55 also shows that he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), and that he participated in the Luzon campaign.

6.  The FSM’s WD AGO Form 100 shows that he participated in the Luzon campaign and the Leyte campaign.

7.  The Veterans Administration Award of Disability Compensation or Pension that the applicant submitted in support of her application indicates that the FSM was awarded a pension as a result of a left knee condition which was determined to have been incurred in or aggravated by war service.

8.  A review of the available record fails to show that the FSM was ever awarded the Purple Heart while he was in the Army.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action, the wound/injury must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands 
between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

11.  Army Regulation 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 Philippine Liberation Medal.

12.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

DISCUSSION AND CONCLUSIONS:

1.  The available record does not show that the FSM is entitled to award of the Purple Heart.  There is no evidence in the available record, nor has the applicant submitted any evidence to show that the FSM met the requirements for award of the Purple Heart and that it was erroneously omitted from the FSM's WD AGO Form 53-55.

2.  The available record shows that the FSM incurred or aggravated a left knee condition while he was in the service; however, that does not meet the criteria for award of the Purple Heart.

3.  The available record does show that the FSM is entitled to the Army of Occupation Medal with Japan Clasp; four Overseas Service Bars to reflect his overseas service; and two Bronze Service Stars for wear on his Philippine Liberation Medal to reflect his campaign participation.  Therefore, these awards should be included on the FSM's WD AGO Form 53-55.

4.  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

__JEA__  __WDP__  __JLP ___  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 are 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 to show that he was awarded the to the Army of Occupation Medal w/Japan Clasp, four Overseas Service Bars to reflect his overseas service, and two Bronze Service Stars for inclusion on his Philippine Liberation Medal.




___James E. Anderholm _
          CHAIRPERSON




INDEX

CASE ID
AR20070013105
SUFFIX

RECON

DATE BOARDED
20080304
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS AND DECORATIONS
2.  61
107.0015/PURLE HEART
3.  

4.

5.

6.