IN THE CASE OF:	  

		BOARD DATE:	       21 APRIL 2009

		DOCKET NUMBER:  AR20080019056 


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 the records of her deceased father, a former service member (FSM), be corrected to show he was wounded in action and awarded the Purple Heart.

2.  The applicant states that the FSM's citation for award of the Silver Star clearly indicates that he was wounded in combat on 18 July 1944.

3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  a copy of General Order 72, issued by the 32nd Infantry Division on 15 August 1944, awarding the FSM the Silver Star; 

	b.  a copy of the FSM's DD Form 1300 (Report of Casualty), dated 1 December 1971 [NOTE:  The FSM died while assigned to Korea as a Department of the Army Civilian (DAC)];

	c.  a copy of a letter, dated 21 November 2002, from the National Personnel Record Center; 

	d.  a copy of her mother’s (the FSM's widow) certificate of death, dated 20 December 1997; and

	e.  a copy of her certificate of birth, dated 30 May 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 FSM's records show he enlisted in the Enlisted Reserve Corps for a period of 3 years on 22 March 1929.  He was subsequently appointed as a Field Artillery second lieutenant and executed an oath of office on 27 June 1930.  He was promoted to first lieutenant on 1 July 1933 and to captain on 1 July 1937.

3.  The FSM's records also show he was ordered to active duty on 4 December 1940 and subsequently departed the United States on 21 November 1941 and arrived in the Southwest Pacific Theater of Operations on 23 December 1941.  He departed the Southwest Pacific Theater on 25 December 1944 and arrived in the United States on 15 January 1945.  He was honorably released from active duty on 25 February 1946.

4.  The FSM's WD AGO Form 53-98 (Military Record and Report of Separation -Certificate of Service) shows he completed 2 years and 27 days of continental service and 3 years, 1 month, and 24 days of foreign service. 

5.  Item 28 (Battles and Campaigns) of the FSM's WD AGO Form 53-98 shows he participated in the Papua, New Guinea, and the Luzon campaigns during World War II.

6.  Item 29 (Decorations and Citations) of the FSM's WD AGO Form 53-98 shows he was awarded the Distinguished Unit Badge, American Theater Ribbon, American Defense Ribbon with one bronze service star, Philippine Liberation Ribbon with one bronze service star, and the Asiatic-Pacific Theater Campaign Medal with three bronze service stars.  Item 29 does not show award of the Purple Heart.


7.  Item 30 (Wounds Received in Action) of the FSM's WD AGO Form 53-98 contains the entry "None."

8.  On 19 April 2006, the FSM was issued a DD Form 215 (Correction to DD Form 214 or WD AGO Form 53-98) adding award of the Silver Star.  

9.  The FSM was awarded the Silver Star for gallantry in action while engaged in military conflict with an armed hostile force on 18 July 1944.  General Order Number 72, Headquarters, 32nd Infantry Division, dated 15 August 1944, cited the following citation:

"[FSM] was Battalion Executive Officer of the 129th FA Bn [Field Artillery Battalion] which was in direct support of the 163rd Infantry Battalion RCT [Regimental Combat Team] of the 32nd Infantry Division, which was in the attack against the 18th Imperial Japanese Army at AITAPE, New Guinea, along the DRINUMOR RIVER.  On 18 July 1944, [FSM] was acting as liaison officer and forward observer with the leading elements of the 163rd Bn RCT which was in the attack against strong enemy positions across the DRINUMOR RIVER in the vicinity of AFUA-SELEP.  The first platoon of the 163rd Bn RCT in an attempt to force a crossing of the DRINUMOR RIVER was caught in a withering cross-fire of small arms and mortar fire which resulted in breaking-up the crossing maneuver and causing a large number of casualties.  Although [FSM] was wounded during this cross-fire and unmindful of his safety he rallied the remnants of the platoon and succeeded in destroying the enemy positions by direct assault.  Also through his superior direction and control of artillery fire support an enemy counter-attack was neutralized.  Only after our position was secure and the wounded evacuated to the rear for medical attention did [FSM] consider his personal condition which because of the loss of blood required that he be carried by stretcher-bearers to the medical aid station…."

10.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the 
United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

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

12.  A review of the FSM's records indicates his entitlements to additional awards which are not listed on his records.

13.  Technical Manual 12-236, in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the WD AGO Form 53-98.  It states that for item 30, enter the date wounded and theater.

14.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states, in pertinent part, that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the FSM was wounded in action on 18 July 1944 during his service in WWII and that his injury required him to be carried by stretcher-bearers to the medical aid station for treatment.  Therefore, there is sufficient evidence to correct the FSM's records to show he was wounded in action on 18 July 1944, awarding him the Purple Heart, and correcting his records to show this award.

2.  The FSM's records show he served during the period 4 December 1940 through 25 February 1946, which is a qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled award of the World War II Victory Medal and correction of his military records to show this award.

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.  deleting from item 30 of the FSM's WD AGO Form 53-98 the entry "None" and replacing it with the entry "18 July 1944, Southwest Pacific Theater";

	b.  awarding the FSM the Purple Heart for wounds received in action on 18 July 1944; and

	c.  adding to item 30 of the FSM's WD AGO 53-98 the Purple Heart and the World War II Victory Medal.



      _________XXX______________
               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)                                         AR20080019056



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ABCMR Record of Proceedings (cont)                                         AR20080019056



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