IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080000525 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Purple Heart. 

2.  The applicant states that he has proof he was awarded the Purple Heart.

3.  The applicant provides copies of his WD AGO Form 53-55 and what he calls a “Card” authorizing him to wear medals. 

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 for the Board to conduct a fair and impartial review of this case.  

3.  According to the applicant’s WD AGO Form 53-55:

      a.  On 11 December 1941, the applicant enlisted in the Regular Army.  He was awarded military occupational specialty 745 (Rifleman) and was assigned as an infantryman.

      b.  On 3 July 1943, the applicant departed the United States for service in the Pacific Theater of Operations.  He participated in the following four campaigns: Aleutian Islands, Bismarck Archipelago, Luzon, and Leyte [listed as Mindonas].  He arrived back in the United States on 26 August 1945.
      
      c.  There was no available information showing that he was wounded in action.
      
      d.  Awards listed on the WD AGO Form 53-55 include the Combat Infantryman Badge, Philippine Liberation Ribbon, Silver Star, American Theater Ribbon, Asiatic Pacific Theater Ribbon with four bronze service stars, Good Conduct Medal, and the World War II Victory Medal.  The Purple Heart is not listed.
      
      e.  The applicant attained the rank of private first class and was discharged on 28 November 1945.
      
4.  In an undated [appears to have been written prior to 28 November 1945] “History of the Present Illness”, a Medical Corps officer wrote, “This patient’s [applicant’s]medical history in the Army starts with an attack of malaria in March 1944 while on duty in New Britain for which he was hospitalized.  He had 6 subsequent attacks of malaria at varying intervals for which he was hospitalized except on one occasion when he was treated in the Bn [Battalion] Aid Sta [Station].  He was admitted to 121st SH [Support Hospital] on 13 May [19]45 for battle fatigue and remained there for 7 or 8 days and returned to duty.  In Feb[ruary 19]45 patient [applicant] had several thrombotic hemorrhoids removed at 37th SH.  On/about 12 Jul[y 19]45 while still on duty at Mindinoa the patient [applicant] complained of cramp-like pains in the upper abdomen and he was finally admitted to the 117th SH on 12 Jun (sic) [19]45.  Here the diagnosis of hepatitis was entertained however there were no basis for this diagnosis.  His blood count revealed a marked eosinophilia in spite of negative stool exam.  Patient [applicant] was treated with hexylresoroinol.  He was transferred [to] 126th GH [General Hospital] on Leyte and on 23 Jul[y 1945] where further studies failed to reveal presence of stool parasites or other intestinal disorder.  Patient [applicant] was finally evacuated to ZI [Zone of Interior] because of the situational reaction to long term arduous military service and inability to gain weight.  It is further noted that this patient [applicant] has been under combat overseas for considerable length of time, has been awarded the Silver Star, and has been hospitalized once for combat fatigue.  At the present time patient [applicant] states he is feeling very well and would like to apply for discharge from the Army under the basis of 89 points.”   This document was signed by both the medical officer and the applicant.

5.  In what appears to be a one-page neuropsychiatric examination, dated 
3 March 1950, the applicant, in effect, stated that he was in combat on Luzon where he was wounded, receiving shrapnel on the dorsum of his right hand, right knee, and face.  He further stated that the shrapnel was removed and he went back to duty without hospitalization.

6.  In a physical and mental examination conducted on or about 27 December 1946 for the purpose of qualifying for continued military service, an entry reads, “Superficial well healed shell fragment wounds, right lower leg and knee.  No disability injuries in combat S. [South] Pacific 1944."  [Interpretation: The applicant incurred no disability from his combat injuries.]

7.  In a Veterans Administration [known today as the Department of Veterans Affairs (VA)] Report of Physical Examination, date stamped 12 April 1950, the applicant appears to have provided information relating to his attack of malaria in 1943; and to his receiving shrapnel wounds in 1944 to his legs, hand, and face.

8.  The applicant’s physical examination, date stamped 28 November 1949, shows in Item 42 (Remarks) “Shrapnel wound – operation right leg, right hand, right side of face, 1943,1944, asymptomatic.”

9.  The “card” provided by the applicant is a photocopy of what appears to be a two-sided document issued to document awards that an individual is authorized to wear.  The applicant’s name and service number are not completely legible, but there is sufficient clarity to show that this card refers to the applicant.  The front side of this card indicates entitlement to wear the Good Conduct Medal, Purple Heart, and American Theater Ribbon.  The reverse side indicates entitlement to wear the Asiatic Pacific Theater Ribbon with 4 bronze service stars, 6 overseas service bars, Silver Star, World War II Victory Medal, Philippine Liberation [Medal] with two bronze service stars, and the Combat Infantryman Badge.  The certifying officer’s signature is barely visible.       

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 a medical officer, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 (Military Awards) 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.   While there are no available orders awarding the applicant the Purple Heart, the available evidence is sufficiently convincing to show that he was wounded in combat and received medical treatment for those wounds.  Furthermore, the available evidence shows that he was authorized to wear the Purple Heart.  Therefore, his records should be corrected to show award of the Purple Heart.  

2.  The available evidence shows that the applicant was awarded the Combat Infantryman Badge for his service in the Asiatic Theater of Operations during World War II.  Accordingly, he is also entitled to award of the Bronze Star Medal. Therefore he should be awarded the Bronze Star Medal.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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; and

      b.  showing, in addition to the awards already shown on his WD AGO Form 53-55, that his awards include the Purple Heart and Bronze Star Medal.





__________ X_    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080000525



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