IN THE CASE OF:	  

		BOARD DATE:	        30 APRIL 2009

		DOCKET NUMBER:  AR20090001179 


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 records to show award of the Purple Heart.

2.  The applicant states he is eligible for the Purple Heart and that the Purple Heart was not awarded to him at the time of his discharge.

3.  The applicant provides:

	a.  a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), with the period ending 25 April 1946; 

	b.  a Army of the United States Honorable Discharge Certificate, dated 
25 April 1946; 

	c.  a War Department Form 372-A (Final Payment-Work Sheet), for the period April 1946; and 

	d.  a Disabled American Veterans (DAV) letter, dated 13 June 1986.

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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and DAV letter, dated 13 June 1986.

3.  The applicant's WD AGO Form 53-55 with the ending period 25 April 1946 shows he was inducted 19 January 1944 and entered active duty on 9 February 1944.  On 18 August 1944, he departed the United States for duty in the Asiatic Pacific Theater of Operations (APTO).  He arrived in the APTO on 24 August 1944.  His military occupational specialty was 745 (Rifleman Squad Leader).  

4.  The applicant departed the APTO on 11 April 1946.  He was honorably discharged on 25 April 1946.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the Asiatic-Pacific Theater Campaign Medal with one bronze arrowhead and one bronze service star, the Combat Infantryman Badge, the Army Good Conduct Medal, the World War II Victory Medal, and the Expert Marksmanship Qualification Badge (M1 Rifle).  Item 32 (Battles and Campaigns) shows he participated in the Ryukyus Campaign.  Item 34 (Wounds Received in Action) contains the entry "NONE."

6.  The applicant's records contain information from the Hospital Admission Cards created by the Office of The Surgeon General of the Army.  This record showed the applicant was hospitalized and treated for shell fragments wounds on 29 April 1945 while serving in the APTO.

7.  The applicant provided a Army of the United States Honorable Discharge Certificate, dated 25 April 1946.  Item 34 (Wounds Received in Action) contains the annotation "one."

8.  There are no general orders available that show the applicant was awarded the Purple Heart or the Bronze Star Medal (based on award of the Combat Infantryman Badge).

9.  The applicant provided a DAV letter, dated 13 June 1986.  The document indicated after reviewing his claim he was found service-connected, effective 26 April 1946, for residuals of a shell fragment wound to his left arm that occurred while he was in combat.  The document further indicated that he was denied service-connection for a hearing loss, but that he could reapply if he could provide new evidence showing the hearing loss did occur.

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, 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.  

11.  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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows that, at the time of the applicant's assignment to the 105th Infantry Regiment, 27th Infantry Division, the unit was awarded campaign credit for the Western Pacific (Ground) Campaign for the period 15 June 1944 through 2September 1945.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

14.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 
53-55.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.   However, he submitted an Army of the United States Honorable Discharge Certificate and his records contained a Hospital Admission Card from the Office of The Surgeon General of the Army that show he was wounded in combat and treated for his wounds.  These entries are accepted as sufficient to show that the applicant was wounded as a result of hostile action.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 29 April 1945, and his WD AGO Form 53-55 should be amended.

2.  Evidence of record shows that the applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).  His WD AGO Form 53-55 should be amended.

3.  The applicant received credit for one campaign (Ryukyus); however he served in a unit that was awarded campaign credit for the Western Pacific (Ground) campaign for the period 15 June 1944 through 2 September 1945.  Therefore his WD AGO Form 53-55 should be amended to add " Western Pacific (Ground)" in item 32.  He is also eligible for two bronze service stars to be worn on his Asiatic-Pacific Theater Campaign Medal.  His WD AGO Form 53-55 should be amended to add the additional campaign and bronze service star.

4.  The applicant’s unit met the eligibility criteria for award of the Army of Occupation Medal with Japan Clasp during his tenure; therefore, he is entitled to award of the Army of Occupation Medal with Japan Clasp.  This award should be added to his WD AGO Form 53-55.


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 Purple Heart for wounds received on 29 April 1945;

	b.  awarding him the Bronze Star Medal (based on award of the Combat Infantryman Badge);

	c.  awarding him the Army of Occupation Medal with Japan Clasp; and

	d.  amending his WD AGO Form 53-55 to add the Purple Heart, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Army of Occupation Medal with Japan Clasp, two bronze service stars for wear on his already-awarded Asiatic-Pacific Theater Campaign Medal with bronze arrowhead, and the Western Pacific (Ground) Campaign.



      _______ _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)                                         AR20090001179



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ABCMR Record of Proceedings (cont)                                         AR20090001179



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