IN THE CASE OF:	

		BOARD DATE: 16 July 2009  	  

		DOCKET NUMBER:  AR20090007053 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show:

	a.  in Block 3 (Grade) that he was a staff sergeant (S/SGT);

	b.  in Block 6 (Organization) that he served with Headquarters Battery, XIV Corps Artillery; and

	c.  in Block 33 (Decorations and Citations) that he was awarded the Purple Heart.

2.  The applicant states, in effect, that while serving in Luzon, Philippine Islands, he was wounded on his hip by fragments from an enemy grenade during combat. He further states that his WD AGO Form 53-55 incorrectly shows he served as a truck driver with Headquarters, 3rd Military Railroad Service (MRS), when in fact he spent his entire time in the Philippines with the XIV Corps Artillery.

3.  The applicant further states that at the end of the war, he was stationed in Japan with the XIV Corps Artillery during the occupation and was later assigned to the 3rd MRS.  The applicant continues that he was put in charge of a freight station handing material used to build an air base.  The position called for a rating of staff sergeant and it was posted on the bulletin board that he was promoted in that position, but it was not put in his records.


4.  The applicant provides his WD AGO Form 53-55; a WD AGO Form 100 (Separation Qualification Record), dated 31 August 1946; and an XIV Corps newspaper article titled "Liberation of Manila – Kings of the Solomons" 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 was inducted into the Army of the United States and entered active duty on 8 August 1944.  He was awarded military occupational specialty (MOS) 4245 (155MM Gun Crewman).

3.  On 20 December 1944, the applicant was assigned to A Battery, 570th Field Artillery Battalion where he performed duties as a cannoneer and truck driver.  He was promoted to the rank of private first class (PFC) on 14 March 1945.

4.  On 7 July 1945, he departed the United States for duty in the Asiatic-Pacific Theater of Operations (APTO).  He arrived in the APTO on 5 August 1945.  

5.  The applicant's WD AGO Form Number 24 (Service Record) shows that on
12 August 1945, he was assigned to Headquarters Battery, XIV Corps Artillery where he performed duties as a truck driver.  On 5 December 1945, he was assigned to C Battery, 922nd Field Artillery Battalion.  On 12 March 1946, he was assigned to Headquarters Company, 3rd MRS where he performed duties as a truck driver and clerk.

6.  The applicant departed the APTO on 12 August 1946.  He was honorably discharged on 31 August 1946 in the rank of PFC.  There are no orders in the applicant’s records that show he was promoted to the rank of S/SGT.


7.  Block 6 of the applicant's WD AGO Form 53-55 show his last unit of assignment prior to his discharge as Headquarters, 3rd MRS.  Block 30 (Military Occupational Specialty and Number) shows "Truck Driver Light 345."  Block 33 shows the applicant was awarded the Asiatic-Pacific Theater Campaign Medal with one bronze service star, Philippine Liberation Medal with one bronze service star, Army Good Conduct Medal, Army of Occupation Medal with Japan Clasp, World War II Victory Medal, and two overseas service bars.  Block 34 (Wounds Received in Action) contains the entry "NONE."

8.  There are no General Orders in the applicant's records that show he was awarded the Purple Heart.

9.  The applicant's WD AGO Form Number 24 covering the period from 
8 August 1944 to 31 August 1946 does not show award of the Purple Heart.

10.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24, that Block 6 of the WD AGO Form 53-55 be completed as follows:  “Enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity.”

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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence, such as eyewitness accounts from his chain of command at the time or medical personnel who treated his wounds, that show the applicant was wounded or treated for wounds as a result of hostile action.  

2.  Regrettably, in the absence of military records that show the applicant was wounded or treated for wounds as a result of hostile action there is insufficient bases for award of the Purple Heart in this case.

3.  Evidence of record shows the applicant served with Headquarters Battery, XIV Corps Artillery from August 1945 to March 1946.  However, at the time of his discharge from active duty he was assigned to Headquarters, 3rd MRS.  It does not appear that this assignment was made for the purpose of transferring him back to the United States but for the purpose of performing needed duty in Japan.  Therefore, the applicant's WD AGO Form 53-55 is correct as currently constituted and there is an insufficient basis for changing his unit.

4.  The applicant contends that he was promoted to S/SGT by his unit.  However, there is no evidence in his military records that show he was promoted to S/SGT and he has not provided evidence that shows he was recommended for promotion to S/SGT.  Therefore, his WD AGO Form 53-55 with the period ending 31 August 1946, which shows he was promoted on 14 March 1945 to the rank of PFC, is correct as constituted.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ___________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)                                         AR20090007053



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ABCMR Record of Proceedings (cont)                                         AR20090007053



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