IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120000359 


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, in effect:

* he is a World War II veteran
* he served with the 202nd Antiaircraft Artillery Automatic Weapons (AAA) Battalion
* he was wounded on an unknown date, but was not allowed to seek treatment

3.  The applicant provides:

* Department of Veterans Affairs (VA) disability rating, dated 19 April 2010
* VA rating dated 8 April 2010

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 was inducted into the Army of the United States on 7 January 1943 and reported for entry on active duty on 14 January 1943.  He served as a Field Telephone Operator in the Asiatic-Pacific Theater of Operations (APTO) from 10 December 1943 to on or about 5 January 1946.  He was honorably discharged on 27 January 1946.

4.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) is available and shows:

* service with the 202nd AAA Battalion
* campaign credit for New Guinea and Southern Philippines
* no wounds received in action
* award of the:

* Bronze Arrowhead
* Philippine Liberation Ribbon with one bronze star
* Good Conduct Medal

5.  The applicant provides a VA disability rating, dated 19 April 2010, showing he was awarded a 50% service-connected disability for bilateral hearing loss and a 10% rating for tinnitus.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides:

	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 by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  

	c.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	d.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  

	e.  The Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 to 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive.  Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.  DA PAM 672-1 shows the 202nd Antiaircraft Automatic Weapons Battalion was awarded the Philippine Republic Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.  The applicant's limited service records do not support award of the Purple Heart.  The applicant's WD AGO Form 53-55 clearly shows "None" in item 34 (Wounds Received in Action).  There are no orders awarding him the Purple Heart, and there are no service medical records to support his request.  The VA disability rating decision only grants service-connection for his hearing loss and tinnitus; it does not prove he was wounded.

2.  The applicant is entitled to corrections to his WD AGO Form 53-55 and to other awards which do not appear on this form.

3.  The applicant received campaign credit for two campaigns and is authorized two bronze service stars on his Asiatic-Pacific Campaign Medal.

4.  The applicant is entitled to award of the World War II Victory Medal.

5.  The applicant's unit was awarded the Philippine Republic Presidential Unit Citation and this should be added to his record.

6.  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 Army Review Boards Agency (ARBA) Case Management Division (CMD) 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 concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to   amend his WD AGO Form 53-55 to add:

* 2 bronze service stars for his already-awarded Asiatic-Pacific Campaign Medal 
* the World War II Victory Medal
* the Philippine Republic Presidential Unit Citation




      _______ _   __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)                                         AR20120000359





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ABCMR Record of Proceedings (cont)                                         AR20120000359



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