IN THE CASE OF:	

		BOARD DATE:	25 June 2009

		DOCKET NUMBER:  AR20090002219 


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, award of the Purple Heart. 

2.  The applicant states, in effect, that he was wounded in his left hip by a Japanese grenade at the Battle of Zigzag Pass on Luzon in the Philippines and that he was treated by a medic.  He also contends that he was not listed as wounded and that his unit intentionally destroyed military records when capture appeared imminent.

3.  The applicant provides a letter, dated 23 December 2008, from the Ozaukee Press; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); Veterans Administration documentation; and a letter, dated 
27 January 2009, from a Member of Congress in support of his application.   

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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant was inducted on 26 September 1942 and entered active duty on 10 October 1942.  He served in the Asiatic-Pacific Theater of Operations from 25 July 1944 through 14 October 1945 and was honorably discharged on 
9 November 1945.  

4.  Item 32 (Battles and Campaigns) on the applicant’s WD AGO Form 53-55 shows he participated in 3 battles and campaigns.  His WD AGO From 53-55 shows the Good Conduct Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal with one bronze arrowhead, the Philippine Liberation Ribbon with one bronze service star, and three awards of the Overseas Service Bar as authorized awards.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, “NONE.”  His WD AGO Form 53-55 also shows he received the Combat Infantryman Badge.   

5.  There are no orders for the Purple Heart in the available records.  However, the Office of The Surgeon General Hospital List shows the applicant was hospitalized on 15 April 1945 in the Southwest Pacific as a battle casualty for a fractured tibia (from a hand grenade).  An Office of The Surgeon General Hospital List also shows he was readmitted to the hospital on 18 August 1945 in the Southwest Pacific with the same diagnosis.  

6.  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.  

7.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that 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.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

9.  Army Regulation 600-8-22 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.  The medical evidence of record which shows the applicant was hospitalized on 15 April 1945 in the Southwest Pacific as a battle casualty is accepted as sufficient evidence on which to base award of the Purple Heart.  

2.  Based on award of the Combat Infantryman Badge, the applicant is eligible for award of the Bronze Star Medal.  

3.  The applicant served a period of qualifying service for award of the World War II Victory Medal.  

4.  The applicant participated in three battles and campaigns during World War II which makes him eligible for the Asiatic-Pacific Campaign Medal with three bronze service stars.

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 in action on 15 April 1945 in the Southwest Pacific;

	b.  deleting the entry in item 34 on his WD AGO Form 53-55;

	c.  adding the entry "15 April 1945 Southwest Pacific" in item 34 on his WD AGO Form 53-55; and 
	
	d.  adding the Purple Heart, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II Victory Medal, and three bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal with one bronze arrowhead on his WD AGO Form 53-55.




      _______ _   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)                                         AR20090002219





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ABCMR Record of Proceedings (cont)                                         AR20090002219



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