BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120005411 


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 her deceased father, a former service member (FSM), be awarded the Purple Heart (PH).

2.  The applicant states:

	a.  line 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) is in error,

	b.  the FSM received the PH and actually had two of these awards although neither award is mentioned in his record,

	c.  she does not have any of the details surrounding his second wounding,

	d.  further confirmation of the FSM's entitlement to the PH is evidenced in the Veteran's Disability check he received through the date of his death in 2006, and

	e.  a form issued by the 54th Evacuation Hospital shows the FSM was wounded.

3.  The applicant provides:

* self-authored statement
* 54th Evacuation Hospital memorandum
* FSM's WD AGO Form 53-55
* birth certificate
* FSM's death certificate
* email communication (3 pages)
* Company H, 511th Parachute Infantry Regiment (PIR) listing
* witness statement

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 FSM'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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the FSM's WD AGO Form 53-55, which is only partially legible.  

3.  The FSM's WD AGO Form 53-55 shows he:

	a.  was inducted into the Army of the United States and entered active duty on 3 March 1943;

	b.  continuously served until he was honorably discharged on 25 November 1945, having completed 2 years, 8 months and 26 days of creditable active duty service of which 1 year, 6 months, and 9 days was foreign service performed in the Southwest Pacific (SWPA) theater;

	c.  held and served in military occupational specialty "745" (Rifleman), received no wounds in action, and earned the following awards:

* Combat Infantryman Badge (CIB)
* American Theater Service Ribbon
* Asiatic Pacific Theater Campaign Ribbon with three bronze service stars
* Army Good Conduct Medal
* Silver Star
* World War II Victory Medal
* Army Lapel Button
   
4.  The applicant provides a casualty listing extract of Soldiers assigned to Company H, 511th PIR.  It shows the FSM was lightly wounded in action on 23 March (year unknown) on the island of Luzon.

5.  The applicant provides a 54th Evacuation Hospital document dated 16 April 1945.  It shows the FSM was admitted to the hospital during the period 7 April - 17 April 1945, and diagnosed "cellulitis, acute, suppurative, neck, post at s…. of GSW, old. W.I.A."  (This means the FSM had inflamed and infectious tissue beneath the skin.)  It was extremely severe or painful and produced or discharged pus from the neck; the site of a prior gunshot wound he received in action.

6.  The applicant provides a self-authored statement from a retired major general (MG) of the California Army National Guard who states he was assigned for duty with the FSM while assigned as members of the 511th PIR.  He attests there is no doubt the FSM was wounded in action in Lipa Batangas in the Philippines and sent to an evacuation hospital.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action and must have been made a matter of official record.

	b.  Paragraph 3-13d(2) of the awards regulation states the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders for the BSM.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends the FSM is entitled to PH.  This claim was carefully considered and found to have merit.

2.  The evidence in this case confirms the FSM was lightly wounded in action on 23 March, year unknown.  Additional evidence shows he was hospitalized for 10 days from 7-17 April 1945 as a result of a previous gunshot wound received in action to his neck (most likely his 23 March wounding).  In addition, a retired MG attests to the FSM's wounding and his evacuation for medical treatment.  The evidence confirms the FSM was wounded in action and it documents his receipt of medical treatment for his wounding.  Accordingly, regulatory criteria necessary for the award of the PH has been satisfied in this case.

3.  The evidence confirms the FSM received the CIB while serving in the SWPA during World War II.  By regulation, members who received the CIB during World War II are authorized award of the BSM.  As a result, it would be appropriate to award him the BSM and add this award to his record and WD AGO Form 53-55 at this time.

4.  Finally, the available evidence fails to provide any evidence to show the FSM was twice wounded in action or received medical treatment for any such wounding.  Therefore, there is no basis to grant him a second PH.

BOARD VOTE:

__x______  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 FSM the Bronze Star Medal based on award of the CIB,

	b.  adding the Purple Heart and Bronze Star Medal to his WD AGO 
Form 53-55, and

	c.  issuing a correction to his WD AGO Form 53-55 to reflect these awards.



      ___________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)                                         AR20120005411



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ABCMR Record of Proceedings (cont)                                         AR20120005411



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