IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100020742 


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 that the records of his stepfather, a former service member (FSM), be corrected by awarding him the Purple Heart, the Good Conduct Medal, and  the World War II Victory Medal with bronze device and that the award of the Philippine Liberation Ribbon be changed to the Philippine Liberation Medal. 

2.  The applicant states, in effect, that his stepfather was injured during World War II (WWII) and was granted 100% disability; however, he never received the award of the Purple Heart, the Good Conduct Medal, or the World War II Victory Medal with bronze device and he was awarded the Philippine Liberation Ribbon; however, it should have the been entered as the Philippine Liberation Medal. 

3.  The applicant provides:

* a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* a copy of the FSM’s WD AGO Form 100 (Separation Qualification Record)
* a copy of the FSM’s Honorable Discharge Certificate
* a copy of the FSM’s Death Certificate
* a copy of the FSM’s marriage license

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the FSM'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.

2.  The FSM was inducted in Monterey, California on 17 June 1942.  He completed his training as a cook at Fort Sill, Oklahoma and departed for the Southwest Pacific Theater of Operations (SWPTO) on 11 January 1945.  He arrived in the SWPTO on 18 February 1945 and participated in the Philippine Liberation Campaign until 26 February 1945.

3.  On or about 28 February 1945 the FSM was admitted to a hospital after suffering an epileptic attack and sustaining a laceration to the scalp as a result of a fall.

4.  He departed the SWPTO on 4 April 1945 and arrived in the United States on 26 April 1945.  He was transferred to Hammond General Hospital in Modesto, California and remained there until 16 May 1945 when he was honorably discharged with a Certificate of Disability for Discharge.  He had served 2 years and 11 months of active service of which 3 months and 16 days were served overseas.

5.  His WD AGO Form 53-55 reflects that he was awarded the Philippine Liberation Ribbon and the Asiatic-Pacific Theater Medal (now known as the Asiatic-Pacific Campaign Medal).

6.  Block 34 of his WD AGO Form 53-55 reflects the entry “None” under “Wounds Received in Action.”

7.  A review of the available records failed to show any indication that the FSM was wounded or injured as a result of enemy action.

8.  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 
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.

9.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.”  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the [Report of Separation and] discharge certificate.

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

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service or campaign medal, to include the Asiatic-Pacific Campaign Medal, for each campaign participation credit.

12.  Army Regulation 600-8-22 states 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.  An individual who meets more than one of the conditions set forth above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualified other than that under which he or she is eligible for the initial award of the ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the FSM should have been awarded the Purple Heart for his injuries during WWII has been noted.  There is no evidence in the available records and the applicant has not provided any to show that the FSM's injuries were the result of enemy action.  Therefore, absent such evidence there does not appear to be any basis to award him the Purple Heart at this time.

2.  While the sincerity of the applicant’s claim that the FSM should be awarded the Good Conduct Medal is not in doubt, the award of the Good Conduct Medal is not an automatic entitlement and there is insufficient evidence to indicate if the applicant met the qualifications for award of the Good conduct Medal.  Therefore, in the absence of such evidence there is no basis to grant him the award of the Good Conduct Medal.

3.  It is noted that the applicant did serve during a period for which he is authorized the award of the WWII Victory Medal.  However, there are no authorized devices to add to that award.  Accordingly, he should be awarded the WWII Victory Medal at this time.

4. The applicant’s contention that the FSM should have been awarded the Philippine Liberation Medal instead of the Philippine Liberation Ribbon has been noted.  There is no Philippine Liberation Medal authorized in Army Regulation 600-8-22.  However, the FSM is authorized one bronze service star for wear on the Philippine Liberation Ribbon.

5.  In addition, the FSM is authorized one bronze service star for wear on his Asiatic-Pacific Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the Philippine Liberation Ribbon and Asiatic-Pacific Theater Medal from his WD AGO Form 53-55
* Adding to his WD AGO Form 53-55 the Philippine Liberation Ribbon with one bronze service star, the Asiatic-Pacific Campaign Medal with one bronze service star, and the World War II Victory Medal 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

* Award of the Purple Heart
* Award of the Good Conduct Medal
* Adding a bronze device to the WWII Victory Medal
* Changing the Philippine Liberation Ribbon to the Philippine Liberation Medal

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by his late step-father in service to the United States during World War II.  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)                                         AR20100020742





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ABCMR Record of Proceedings (cont)                                         AR20100020742



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