IN THE CASE OF:	  

	BOARD DATE:	       22 January 2009

	DOCKET NUMBER:  AR20080013015 


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 he was wounded in action and entitled to award of the Purple Heart.  He further requests, in effect, that he be awarded the Bronze Star Medal based on his receipt of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he received a cut and possible burn above his left eye in January 1945 during the battle in Burma as the result of shrapnel from an enemy artillery shell.  After the explosion, another Soldier and he carried a third Soldier who had been fatally wounded by the same artillery shell to the aid station where someone cleaned his eye which had been bleeding.  The applicant does not remember any record of his wound or treatment.  He was anxious to return to his unit because of an expected enemy attack.  He did not return to the aid station for any further medical treatment.  Even so, this does not mean that a record of his wound and treatment was not made.  The applicant further states that it has been 63 years since these events occurred and he can not recall that he knew of the Purple Heart or why it was awarded at that time.  His Honorable Discharge under item 34, "Wounds Received in Action," shows "None."  He does not deny that he said that even though it was not true.  His wounds were thought to be unimportant at that time and maybe were just forgotten.  The applicant contends that he has thought about this Purple Heart over the years but did not think there was anything he could do about it.  He also refers to his award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.  He thanks the Board for its kind consideration of his request for award of the Purple Heart.
3.  The applicant provides a copy of his WD AGO Form 53-55 and his letter, with privacy release statement and letter from the National Personnel Records Center, to his United States Senator requesting award of the Bronze Star Medal based on his Combat Infantryman Badge.

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, the applicant’s WD AGO 
Form 53-55 is sufficient documentation for making a determination in this case.

3.  The applicant’s WD AGO Form 53-55 provides the following information.

   a.  On 23 January 1943, the applicant was inducted into the Army of the United States.  He was awarded military occupational specialty 745 (Rifleman) and was assigned as an infantryman.

   b.  On 23 April 1944, the applicant departed the United States for service in the Pacific theater of operations.  He participated in four campaigns (India Burma, Central Burma, Northern Burma, and China).  He arrived back in the United States on 26 December 1945.

   c.  Item 34 (Wounds Received in Action) shows "None."  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, Asiatic Pacific Theater Ribbon with four bronze service stars, Good Conduct Medal, World War II Victory Medal, and a Distinguished Unit Badge [Citation].  The Purple Heart is not listed.

e.  The applicant attained the rank of technician fifth grade and was discharged on 31 December 1945.

4.  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.

5.  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.  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.  The applicant contends that he was wounded in action and received medical treatment and should be awarded the Purple Heart.  He further contends that his records should be corrected to show award of the Bronze Star Medal based on his Combat Infantryman Badge.

2.  The available evidence clearly shows that the applicant served in four campaigns in the Pacific theater of operations.  Unfortunately, other than the applicant’s own statement of events, there is no evidence to substantiate that he was wounded in action and that he received medical treatment for any such wounds.

3.  In view of the above, the applicant’s request for correction of his records to show that he was wounded in action and to be awarded the Purple Heart should be denied.

4.  The available evidence clearly shows that he was awarded the Combat Infantryman Badge.  Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to add this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  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; and

   b.  adding in item 33 of his WD AGO Form 53-55 the Bronze Star 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.



___________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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013015



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1