IN THE CASE OF:	  

		BOARD DATE:	        9 April 2009

		DOCKET NUMBER:  AR20090000817 


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, the son of a deceased former service member (FSM), requests correction of his late father's records to show award of the Purple Heart.

2.  The applicant states, in effect, that the FSM was grievously wounded when he stepped on a landmine during a Japanese counter offensive on Bougainville.  The incident occurred during the Guadalcanal Campaign between 7 March 1944 and 12 March 1944 [sic] [Guadalcanal was from 7 August 1942 through 9 February 1943].  The applicant states that the FSM almost lost his life for his country, the least that can be done is to make official his sacrifice.

3.  The applicant provides:

	a.  a WD AGO Form 55 (Army of the United States Honorable Discharge), dated 29 June 1944; 

	b.  a map of the Japanese Counterattack on Bougainville from the Internet;

	c.  a three-page document for final pay from the U.S. Army Winter General Hospital, Topeka, Kansas, dated 29 June 1944;

	d.  a North Dakota Certificate of Live Birth, dated 1 September 1962;

	e.  a self-authored statement from the FSM, dated 21 July 1966; and 

	f.  a State of Arizona Certificate of Death, dated 17 March 1989.
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 records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 55, dated 29 June 1944, documents of his final pay, and a self-authored statement, dated 21 July 1966.

3.  The FSM's WD AGO Form 55, dated 29 June 1944, shows he was inducted into the Army of the United States on 25 April 1941.  On 19 March 1942, he departed the United States for duty in the Asiatic Pacific theater of operations (APTO).  He arrived in the APTO on 8 April 1942 and was assigned to Company C, 164th Infantry.  The FSM departed the APTO on 28 April 1944 after participating in two campaigns.

4. On 29 June 1944, the FSM was honorably discharged.  His final pay documents show that he was assigned to the U.S. Army Winter General Hospital, Topeka, Kansas, and upon his separation he was issued his final pay and a WD AGO Form 55.

5.  The FSM's WD AGO Form 55 shows he was awarded the Asiatic-Pacific Theater Campaign Medal with two bronze service stars, the American Defense Service Ribbon, the Combat Infantryman Badge, and the Presidential Unit Citation with one bronze service star.  Item "Wounds Received in Service" contains the annotation "no record."

6.  There are no general orders available that show the FSM was awarded the Purple Heart.
7.  The applicant provided a self-authored letter from the FSM, dated 21 July 1966.  The FSM stated, in effect, that he never received the medals that he was authorized for his service in the APTO due to his military records being lost when he returned to the United States.  The FSM further stated that he participated in the Guadalcanal campaign.  On 7 March 1944, while serving in Bougainville as a platoon sergeant, he was wounded by shrapnel after an explosion.  He received injuries to his arms, legs, back, and face.  When he returned to the United States he was never asked how he was hurt and was disappointed that he did not get a Class A uniform when he was discharged.  He felt like they gave him the boot and said get out.

8.  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, and the medical treatment must have been made a matter of official record.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM had participated in two campaigns in the APTO.  He indicated he received shrapnel injuries to his arms, legs, back, and face in a battle against Japanese forces on Bougainville on 7 March 1944.  The FSM returned to the United States on 28 April 1944 and was assigned to the U.S. Army Winter General Hospital, Topeka, Kansas, and was later discharged on 29 June 1944.  Unfortunately, there is no evidence in the available records and the applicant has not provided evidence that shows the FSM's injury was a result of hostile action.

2.  In order for the FSM to be awarded the Purple Heart, the applicant must show the FSM was wounded as a result of hostile action, that he received medical treatment, and that the medical treatment was recorded.  Such evidence should have generated orders, either by the FSM's unit or by the hospital where he received care.  This, apparently, was not done.

3. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting the applicant's request.


BOARD VOTE:

___X____  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ___X____  ___X____  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 wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by his father in service to our Nation.  The applicant and all Americans should be justifiably proud of his father's service in arms.



															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)                                         AR20090000817



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ABCMR Record of Proceedings (cont)                                         AR20090000817



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