IN THE CASE OF:	  

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090017892


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 he be awarded the Purple Heart.

2.  The applicant states he was shot in the left foot in the Philippines during World War II, but he never received the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and report of Separation – Honorable Discharge).

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 served during World War II.  He was inducted into the Army of the United States on 22 September 1944.  Following training, he was sent to the Asiatic-Pacific theater of operations, arriving there on or about 17 March 1945.  He served with Company C, 128th Infantry, as an infantryman.

4.  On 12 May 1945 on Luzon, Philippine Islands, the applicant dropped his rifle and it went off.  He accidentally shot himself in the left foot and suffered broken bones.  He was treated for his injury and medically evacuated back to the United States, leaving the Philippine Islands on or about 25 May 1945 and arriving in the United States on or about 27 May 1945.

5.  The applicant was assigned to Welch Convalescent Hospital, Daytona Beach, FL, where he recovered from his injury.  He was honorably discharged on 15 December 1945 with a certificate of disability discharge.

6.  The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award in block 33 (Decorations and Citations).  Block 34 (Wounds) contains the entry "none."

7.  The applicant participated in the Luzon Campaign and was awarded the Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon, the World War II Victory Medal, and the Army Good Conduct Medal.

8.  On 22 January 1946, The Adjutant General of the Army notified the applicant by letter that he was awarded the Combat Infantryman Badge by General Orders Number 31, Headquarters, 128th Infantry, dated 3 June 1945.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Bronze Star Medal (BSM) 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.

	b.  A bronze service star based on qualifying service for each campaign listed in appendix B of this regulation is authorized to be worn on the appropriate service medal.  Participation in the Luzon Campaign entitles the participant to wear one bronze service star on the Asiatic-Pacific Campaign Medal.

	c.  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 required medical treatment, and the medical treatment was made a matter of official record.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This pamphlet shows the unit to which the applicant was assigned – Company C, 1st Battalion, 128th Infantry – was cited for award of the Distinguished Unit Citation for the period 23 March 1945 to 30 May 1945 by War Department General Orders Number 70, dated 1946.

11.  World War II infantry divisions were typified by a "triangular" organization of three regiments.  Each infantry regiment was organized with three battalions, 12 lettered companies (A-M, skipping J), an infantry cannon company (first equipped with two halftrack-mounted 105-millimeter howitzers and six halftrack-mounted 75-millimeter howitzers, and later with a towed short-barreled 
105-millimeter howitzer), an anti-tank company (initially with 12 37-millimeter and later nine 57-millimeter anti-tank guns), and a service company.  The fourth company in each battalion (D, H, M) were heavy weapons companies with sustained-fire heavy machine guns and mortars.  The regiment and each battalion also had a Headquarters and Headquarters Company (HHC).  The regimental HHC included an intelligence and reconnaissance platoon, the battalion HHC included an ammunition and pioneer platoon (responsible for light engineering duties and for transporting ammunition forward to the line companies) and an anti-tank platoon (initially with four 37-millimeter and later with three 57-millimeter anti-tank guns).

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants the Purple Heart for a wound he suffered on Luzon.

2.  Unfortunately, the applicant suffered from an accidental, self-imposed gunshot wound.  As such, the wounding event clearly does not qualify for award of the Purple Heart.

3.  Evidence shows that the applicant's records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_____X__  ___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 determined that administrative errors in the records of the individual should be corrected.  Therefore, the Board requests that the Case Management Support Division administratively correct the records of the individual concerned by adding to his WD AGO Form 53-55:

* award of the Combat Infantryman Badge
* award of the Bronze Star Medal based upon the Combat Infantryman Badge
* award of a bronze service star for wear on his Asiatic-Pacific Campaign Medal
* award of the Distinguished Unit Citation

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our 


Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _____________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)                                         AR20090017892



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ABCMR Record of Proceedings (cont)                                         AR20090017892



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