BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110008099 


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 he suffered shrapnel wound to his left ankle while scouting friendly lines during the Battle for Bougainville in March 1944 as part of the Americal Division, 182nd Infantry Regiment, Company I.  His squad was the last line of defense and despite the severity of his wounds he remained in the battle against the advice of the unit medic.  The award was documented and the Purple Heart stated but he never received it.

3.  The applicant provides:

* his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Service)
* his WD AGO Form 100 (Separation Qualification Record)
* a historical narrative about the Americal Division
* his immunization record
* an extract of his WD AGO Form 24 (Service Record)
* a letter from the Veterans Administration, dated 26 July 1971

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 on 26 April 1943 and he entered active duty at Fort Devens, MA, on 3 May 1943.  He held military occupational specialty (MOS) 645 (Rifleman) and he was assigned to the 182nd Infantry during his service in World War II.  Records show he:

* departed the continental United States (CONUS) on 28 October 1943 and he arrived in the Asiatic Pacific Theater (APT) on 16 November 1944
* he departed the APT on 29 November 1945 and he arrived back in CONUS on 17 December 1945

3.  On 7 March 1946, he was discharged with an Honorable Certificate of Disability for Discharge.  He completed 8 months and 22 days of continental service and 2 years, 1 month, and 20 days of foreign service.  The WD AGO Form 53-55 he was issued at the time shows in:

* item 31 (Military Qualifications and Date) he was awarded the Combat Infantryman Badge
* item 32 (Battles and Campaigns) he participated in the Northern Solomon, New Guinea, Southern Philippines, and Luzon campaigns during his service in WWII
* item 33 (Decorations and Citations) the:

* World War II Victory Medal
* Asiatic-Pacific Theater Campaign Medal with four bronze service stars
* Army Good Conduct Medal.

* item 34 (Wounds Received in Action) the entry "None"

4.  His service records do not contain official orders awarding him the Purple Heart.

5.  His available record contains multiples medical and/or personnel documents as follows:

	a.  A medical document shows he sprained his left knee on 11 September 1944 and he was treated at the 3rd Battalion, 182nd Infantry aid station in Bougainville.

	b.  A medical document shows he injured his left knee when he kicked a football with his left foot on 10 November 1944 and he was treated at the 3rd Battalion, 182nd Infantry aid station in Bougainville.

	c.  A medical document shows he was admitted to the General Hospital at Fort Devens on 30 December 1945 for an ill-defined condition of musculo-skeletal system, manifested by aching and swelling of left knee.  He had limitation of motion to his left knee.  This same document also shows he suffered a left knee fracture on 13 January 1945 when he jumped off a truck in Bougainville.

	d.  His semi-burned WD AGO Form 24 shows he was awarded the Combat Infantryman Badge by General Orders Number 28-1, issued by Headquarters, 182nd Infantry on 17 April 1944, and the Army Good Conduct Medal, by General Orders Number 47-1, issued by Headquarters, 182nd Infantry, on 2 June 1944.  There are three additional entries shown as the "Purple Heart," "Presidential Unit Citation," and the "Bronze Star"; however, no order number, authority, or date is listed next to either of these entries.

	e.  His semi-burned WD AGO Form 24 does not reflect a combat wound or injury; however, it contains entries regarding his campaign participation (Philippine and Bougainville - Solomon Island campaigns) and authorizes him to wear the Philippine Liberation Ribbon.

6.  Army Regulation 600-8-22 (Military Awards) provides that 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 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.

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy-generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

7.  The applicant's reconstructed record shows he is entitled to awards that are not listed on his WD AGO Form 53-55.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

2.  He was authorized to wear the Philippine Campaign Ribbon.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

3.  With respect to 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 the sole justification for the award.

	b.  the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the wound or injury was the result of hostile action, the wound or injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	c.  the applicant's available medical records do not show he suffered a combat wound or injury or that he was treated for a combat wound or injury.  Additionally, although multiple medical documents refer to his recurring knee injury, there is no reference in his service record to a combat injury or wound or treatment for such injury or wound.  His record is void of orders that show he was awarded the Purple Heart and there is no evidence in his service personnel record that shows he was wounded or injured as a result of hostile action or treated for such wounds.

	d.  regrettably, notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows that the applicant 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 an insufficient basis for awarding the Purple Heart to the applicant.

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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2.  However, the Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests the Army Review Boards Agency Case Management Support Division, Arlington, VA, administratively correct the records of the individual concerned by:

	a.  awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge and

	b.  adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal and the Philippine Campaign Ribbon.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him 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)                                         AR20110008099



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ABCMR Record of Proceedings (cont)                                         AR20110008099



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