IN THE CASE OF:	

		BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20100008729 


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 award of the Purple Heart.
 
2.  The applicant states his discharge document does not show award of the Purple Heart for wounds received during combat action in the Pacific.

3.  The applicant provides, through his Durable Power of Attorney, the following documents:

	a.  two personal statements describing his war experiences in the Pacific including how he sustained his combat injuries;  

	b.  Honorable Discharge certificate, dated 28 July 1945; 

	c.  WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), dated 28 July 1945;

	d.  memorandum from the National Personnel Records Center, dated 23 July 2003 verifying his award entitlements and notification that the medals were shipped;

	e.  excerpt from the Fiscal Year 1998 National Defense Authorization Act, Section 1084, authorizing a Cold War certificate for the period 2 September 1945 to 26 December 1991; and a

	f.  photocopy of a Purple Heart medal.
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 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 to conduct a fair and impartial review of this case, including the applicant's WD AGO Form 53-55 and documents provided by the applicant.

3.  The available evidence shows that the applicant enlisted in Regular Army entering active duty on 27 December 1940.  He completed basic combat training meeting qualifications for military occupational specialty (MOS) 610 (Anti Tank Gunner).

4.  On 28 July 1945, the applicant was discharged due to demobilization.  He received a WD AGO Form 53-55 (Enlisted Record and Report of Separation) upon discharge.   Item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge.  

5.  The applicant's WD AGO form 53-55 shows he served in the Asiatic-Pacific Theater of Operations from 11 May 1943 to 15 July 1945.  Item 32 (Battles and Campaigns) shows he served in the following campaigns

* Aleutian Islands (3 June 1942 to 24 August 1943)
* Eastern Mandates (31 January to 14 June 1944)
* Western Pacific (15 June 1944 to 2 September 1945)
* Southern Philippines (27 February to 4 July 1945)
* Ryukyus (26 March to 2 July 1945)

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant received the following awards and decorations for his service 

* Philippine Liberation Medal with two bronze service stars
* Asiatic-Pacific Campaign Medal
* American Defense Service Medal
* Good Conduct Medal 

7.  Item 34 (Wounds Received in Action) of the applicant's WD AGO 53-55 shows he was wounded in action on 29 April 1945 in the Southwest Pacific Islands.

8.  A review of the Office of the Surgeon General Hospital Admission Cards for the Years 1942 to 1945 shows the applicant received medical treatment for combat wounds received in action on 29 April 1945 in the Central and South Pacific region.  His hospitalization card shows he spent 45 days receiving medical treatment for his wounds. 

9.  Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.

10. Army Regulation 600-8-22 (Military Awards) states 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate campaign ribbon, to include the Asiatic-Pacific Campaign Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

12.  Army Regulation 600-8-22 (Military Awards) states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record found on the applicant's WD AGO Form 53-55 and within the Office of the Surgeon General database of hospital records from 1942 to 1945, the applicant sustained combat injuries while serving in the Asiatic-Pacific Theater of Operations and he received medical treatment for his combat wounds.  Therefore, by a preponderance of evidence the applicant is entitled to award of the Purple Heart.

2.  Based on the evidence of record, the applicant was awarded the Combat Infantryman Badge as shown on his WD AGO Form 53-55, considered a citation in orders.  Therefore, based on award of the Combat Infantryman Badge during the applicant's period of service in the Asiatic-Pacific Theater of Operations from 11 May 1943 to 15 July 1945, he is entitled to award of the Bronze Star Medal. 

3.  The evidence of record shows the applicant received the Asiatic-Pacific Campaign Medal and that he participated in five campaigns.  Therefore, he is entitled to correction of his record to show one silver service star to be affixed to his previously awarded Asiatic-Pacific Campaign Medal. 

4.  Based on the applicant's period of service from 27 December 1940 to 28 July 1945, the applicant is entitled to correction of his records to show the World War II Victory Medal.

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 the Purple Heart for wounds incurred on 29 April 1945 and the Bronze Star Medal;

	b.  deleting from the applicant's WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal;
	
	c.  adding to item 33 of the applicant's WD AGO Form 53-55 the following awards

* Purple Heart
* Bronze Star Medal
* World War II Victory Medal 
* Asiatic-Pacific Campaign Medal with one silver service star




      _______ _   _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)                                         AR20100008729





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ABCMR Record of Proceedings (cont)                                         AR20100008729



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