IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080007302 


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, in effect, correction to the records of his deceased father, a former service member (FSM), to indicate his award of the Purple Heart. 

2.  The applicant states, in effect, that he believes his father's records should be corrected to show he was awarded the Purple Heart.  He also states, in effect, that he has the actual Purple Heart medal that his father received during World War II when his ship (SS Cape San Juan) was torpedoed and sunk by a Japanese submarine on 11 November 1943.  He further states that his father spent two days in a life raft in the Pacific Ocean with rough seas and the oil and chemicals he ingested took their toll on his future health.  His father never complained and he was proud to have served.  His father died when he was only 60 years old.  He also states, in effect, that the error was discovered on 7 September 2007, when they buried their mom with his father at Fort Leavenworth, Kansas.

3.  In support of his application, the applicant provides copies of a Western Union telegram; a front side and back side picture of the Purple Heart, with his father's name inscribed on it; a newspaper article titled, "Army Lists 483 Yank Wounded; 33 Illinois Men;" his Birth Certificate; and his father's Death Certificate.

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 FSM'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 FSM’s Army records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The FSM's available records show that he enlisted in the Army of the United States, as a private, on 31 December 1941.  He completed training and was awarded military occupational specialty 210, Information Center Operator.  

4.  The FSM's available records also show he departed from San Francisco, California, on 28 October 1943, for duty in the Southwest Pacific.  His ship was torpedoed on 11 November 1943.  He arrived at Souva, Fiji Islands, on 14 November 1943.  

5.  The FSM's available records contain a Casualty Report #504, dated 21 November 1943, that shows he had been reported on Casualty Report No. 5, Airmailgram No. 499, dated 20 November 1943 and was returned to duty on 21 November 1943.  

6.  The FSM's available records contain a Casualty Message Telegram, dated 6 December 1943, wherein the FSM's father was advised that the FSM had been slightly injured in action in the Pacific Area on 11 November 1943.  The casualty report attributed the injury to, “Battle.”  The applicant also provided a copy of a Western Union telegram, that was dispatched from the Adjutant General’s Office on 7 December 1943 which also advised the FSM's father of his injury.

7.  The FSM's available records further contain a hospitalization file listing (microfiche 003, page 102), created by The Office of The Surgeon General and a hospital admission card for the year 1943, that shows the FSM was diagnosed 
with exhaustion from over exposure as a result of a boat sinking due to enemy action in November 1943.  The hospital admission card also shows he was hospitalized for 5 days and released to duty.

8.  The applicant also provided a copy of a newspaper article titled, "Army Lists 483 Yank Wounded; 33 Illinois Men", dated 30 December 1943, wherein the War Department made public the names of 483 United States Soldiers wounded in action.  The FSM's name is included among the wounded.  

9.  The FSM returned to the United States on 20 August 1945.

10.  The FSM's WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 1 October 1945, shows, in effect, he had eye trouble, eyes festering and running, as a result of his ship having been torpedoed at sea in November 1943.   

11.  The FSM was honorably discharged from active duty, in the rank of corporal, on 1 October 1945, for the Convenience of the Government at Demobilization. 

12.  Entries on the FSM's WD AGO Form 53-55, Item 31 (Military Qualification and Date) lists the following award:  the Marksman Marksmanship Qualification Badge, with Rifle Bar (Carbine).  Item 33 (Decorations and Citations) lists the following awards:  Three Bronze Campaign Stars and the Good Conduct Medal.  Item 55 (Remarks) lists the Honorable Service Lapel Button; the Asiatic-Pacific Theater Campaign Ribbon; the American Defense Service Ribbon; three Overseas Bars; and the Philippine Liberation Ribbon, with one bronze service star.  Entries on his WD AGO Form 53-55 do not show award of the Purple Heart.  

13.  Item 34 (Wounds Received in Action), of the WD AGO Form 53-55, shows the entry, "None" to indicate the FSM was not wounded while he served in the Asiatic-Pacific Theater of Operations.  The FSM placed his signature in Item 56 (Signature of Person Being Separated) to indicate that the information recorded on the form was correct/complete to the best of his knowledge.

14.  The FSM’s available further records also contain a letter, dated 11 February 1946, wherein he was advised to forward his request for the Purple Heart to The Adjutant General, Awards and Decorations Branch, Washington, DC, for appropriate action.  The records also contain a letter, dated 23 July 1946, wherein the FSM was advised that although orders may already have been written authorizing him the Purple Heart, copies had not yet been forwarded.  
The FSM was advised to submit another request at a later date.  There is no evidence the FSM followed-up on his request or received orders authorizing him the Purple Heart.

15.  The applicant further provided a copy of a front side and back side picture of the Purple Heart medal that is inscribed with the FSM's name.

16.  Army Regulation 600-45, dated 9 March 1944, paragraph 16, specified that the Purple Heart was awarded to members of the Armed Forces and to civilians of the United States serving with the Army who were wounded in action against an armed enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer.  A wound was defined as an injury to any part of the body from an outside source, element, or agent sustained as the result of a hostile act (missile, force, explosion, or agent) of the enemy or while in action in the face of the enemy.

DISCUSSION AND CONCLUSIONS:

1.  Available records show that the FSM was enroute to duty in the Southwest Pacific.  The boat on which he was aboard was sunk by a torpedo as a result of enemy action on 11 November 1943.  The FSM was treated for a battle injury and his treatment was made a matter of record.  The applicant is therefore entitled to correction to his deceased father’s separation document to show award of the Purple Heart for a battle injury the FSM received as a result of enemy action on 11 November 1943.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 showing award of the Purple Heart, for a battle injury the former service member received as a result of enemy action, on 11 November 1943 and adding this award to the list of awards shown on his WD AGO Form 53-55, dated 1 October 1945; and by providing the applicant a corrected separation document that includes this award.




      _______ _ 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)                                         AR20080007302



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ABCMR Record of Proceedings (cont)                                         AR20080007302


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