IN THE CASE OF:	  

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000229 


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) to show his first name as "Theodore" instead of "Theodoer."  He also requests to be awarded the following awards:

* Purple Heart
* Philippine Liberation Medal
* Philippine Independence Medal
* A bronze arrowhead to be affixed to his already-awarded Asiatic-Pacific Theater Service Medal

2.  The applicant states his first name was misspelled upon enlistment and he was ordered by the enlisting officer to sign his name as it was typed.  He adds that he sustained a wound on 18 October "1945" during the invasion of Leyte Island, Philippines.  He was treated by a field medical officer after an air attack by Japanese forces.  He also was not awarded the Philippine Liberation Medal or the Philippine Independence Medal for his service in liberating the Philippines from 17 October 1944 to 3 September 1945. 

3.  The applicant provides the following documents:

* A copy of his WD AGO Form 53-55, dated 15 August 1945
* A copy of his Honorable Discharge Certificate, dated 15 August 1945
* A copy of his WD AGO Form 100 (Separation Qualification Record) 
* A self-authored personal journal/memoir of his career
* Internet printouts of the criteria for the requested awards
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 his 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’s WD AGO Form 53-55 shows he enlisted in the Regular Army and entered active duty at Fort Snelling, MN, on 18 July 1939.  A copy of his enlistment document which would have shown the name he used upon his enlistment is not available for review with this case.

4.  His WD AGO Form 53-55 also shows that at the time of his separation, he held military occupational specialty 252 (Warehouse Foreman) and was assigned to Headquarters Detachment, 1811th Service Command Unit, Brooke Hospital Center, Fort Sam Houston, TX.

5.  His WD AGO Form 53-55 shows he departed the United States on 1 March 1942 and arrived in the Southwest Pacific Theater of Operations (SWPTO) on 13 April 1942.  He departed the SWPTO on 4 November 1944 and arrived in the Central Pacific Theater of Operations (CPTO) on 12 November 1944.  He ultimately departed the CPTO on 5 December 1944 and arrived back in the United States on 31 December 1944.

6.  He completed 3 years, 2 months, and 27 days of continental service and 2 years, 10 months, and 1 day of foreign-service.  

7.  He authenticated his WD AGO Form 53-55 by placing his signature in item 56 (Signature of Person Being Separated) using his first name as "Theodoer." 
8.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Expert Marksmanship Qualification Badge with Bayonet Bar and the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the New Guinea (24 January 1943 to 31 December 1944) and Southern Philippines (27 February 1945 to 4 July 1945) campaigns during his service in World War II (WWII).

10.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the entry "None"; however, item 55 (Remarks) listed the Asiatic Pacific Theater Service Medal, American Defense Service Medal, and five overseas service bars.  

11.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

12.  His reconstructed records contain the following documents:

	a.  An undated medical form listing his first name as "Theodoer," his unit of assignment as the 1345th Quartermaster Company, and his rank as a Technician 5th Class.  This form shows he was admitted to the 116th Station Hospital on 6 October 1943. 

	b.  A medical form, dated 20 February 1944, listing his first name as "Theodoer."  This form shows he was evacuated from the 54th Evacuation Hospital on 22 January 1944 with an ill-defined condition of the central nervous system manifested by headaches.  He was received by the 18th Station Hospital on 29 January 1944 and he was diagnosed with a chronic and severe cephalalgia with an undetermined cause.

	c.  A Medical Form 55A (Clinical Record Brief), dated 17 March 1944, that shows his first name as "Theodoer" and his rank as private.  This form also shows he was formally transferred from the 19th Station Hospital and he was admitted to the 105th General Hospital on 20 February 1944.  He was diagnosed with psychoneurosis, neurasthenia, moderately severe, with an undetermined cause.  This form also lists a previous admittance to the 116th Station Hospital in October 1943 and a diagnosis of psychoneurosis.

	d.  An undated Medical Form 55A-1 (Abbreviated Clinical Record) that shows he enlisted on 18 July 1939 and served overseas for 2 years at Moresby and Finschaven (both in Papua New Guinea).  He had been disappointed for not being able to enter the Air Corps on three occasions.  He had been court-martialed for being absent without leave (AWOL) when he went back his original post in an attempt to be transferred.  He had been a sergeant and a technician fifth class many times but he was reduced through reorganization or missing reville.  This form further shows he was diagnosed with psychoneurosis and neurasthenia, moderately severe, manifested by tension headaches.  

13.  He submitted the following documents:

	a.  A copy of his Honorable Discharge Certificate, dated 15 August 1945, that shows his first name as of "Theodoer." 

	b.  A copy of his WD AGO Form 100, dated 15 August 1945, that shows his first name as "Theodore."  He authenticated this form by placing his signature in block titled "Signature of Soldier" using the first name as of "Theodoer." 

	c.  Internet printouts of the criteria for award of the Philippine Independence Medal, the Philippine Liberation Medal, the Asiatic-Pacific Campaign Medal, and the Arrowhead Device.

	d.  A self-authored memoir describing his service from enlistment through separation, using his own references such as letters to his father during his service, photographs taken during various times during his service, and various medical records he obtained.  

14.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	b.  The Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945, under any of the following conditions:  (1) participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944.  An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crewmember of an airplane which flew over Philippine territory during the period; (2) participated in any engagement against the enemy during the campaign on Leyte and adjoining islands.  An individual will be considered as having participated in combat if he meets any of the criteria (2) through (4) for award of the Philippine Defense Ribbon; (3) participated in any engagement against the enemy on islands other than those included in (2) for awards of the Philippine Defense Ribbon.  An individual will be considered as having participated in combat if he or she meets any of the criteria (2) through (4) of the Philippine Defense Ribbon; or (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.  

	c.  The Philippine Independence Ribbon awarded to any recipient of both of the Philippine Defense and the Philippine Liberation Ribbon.  There was brief exception to this requirement when Change 2 to Army Regulation 600-65, dated 13 January 1953, authorized award of the Philippine Independence Medal if an individual received either the Philippine Defense or the Philippine Liberation Ribbon.  However, this provision was superseded by Department of the Army Circular 672-1, dated 16 March 1955, which again required award of both the Philippine Defense and the Philippine Liberation Ribbon for award of the Philippine Independence Ribbon.  U.S. Army personnel authorized to wear the Philippine Independence Ribbon under the established criteria may continue to wear the ribbon provided the authority for such wear was recorded before 24 November 1954.

	d.  The  "Arrowhead" will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal and the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his discharge document should be corrected to show his correct first name as well as awards of the Purple Heart, Philippine Liberation Medal, Philippine Independence Medal, and a bronze arrowhead to be affixed to his already-awarded Asiatic-Pacific Theater Service Medal.  

2.  With respect to his first name, the applicant’s enlistment record is not available for review with this case.  It is unclear what name he used upon his enlistment into the Army.  However, his reconstructed record contains a copy of a WD AGO Form 53-55 that show his first name as "Theodoer."  This first name is consistent with several medical documents used throughout his military service.  
3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.  Nevertheless, a copy of this decisional document along with the applicant’s application will be filed in his military service records.  This should serve to clarify any questions or confusion regarding his different first names and adequately document his first name in his record.

4.  With respect to award of the Purple Heart:

   a.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  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. 

	b.  The applicant's service and sincerity are not in question.  However, there is no evidence in his available personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding him the Purple Heart in this case.

5.  With respect to the Philippine Liberation Medal, the key to this medal is a member's unit of assignment.  Again, the applicant's service and sincerity are not in question; however, there is insufficient evidence that shows his unit of assignment or that he participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944.  

6.  With respect to the Philippine Independence Medal, the criteria for this award requires an individual to have been awarded both the Philippine Defense and the Philippine Liberation Ribbon for award of the Philippine Independence Ribbon.  The applicant was awarded neither; therefore, he is ineligible for award of the Philippine Independence Medal.

7.  With respect to the bronze arrowhead to be affixed to his already-awarded Asiatic-Pacific Theater Service Medal, the applicant's available records do not show he participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Additionally, there is insufficient evidence to show his unit of assignment in the Philippines or that such unit received credit for a combat assault or that the applicant physically exited the aircraft or the watercraft.

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)                                         AR20100000229



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ABCMR Record of Proceedings (cont)                                         AR20100000229



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