BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20120022153 


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, in effect, that his discharge document be corrected to show award of the Bronze Star Medal, Purple Heart, and the Prisoner of War Medal and his organization as the 515th Coastal Artillery.  

2.  The applicant states that when he was separated he was awarded the medals he was entitled to but the awards regulations have changed.  He has been awarded additional medals and would like his discharge document changed.  He recently learned that the Department of Veterans Affairs will not put the Bronze Star Medal on his headstone without that documentation.   

3.  The applicant provides:

	a.  extracts from Army Regulation 600-8-22 (Military Awards) that:

* authorize the Purple Heart for those who were wounded while prisoners of war
* discuss the requirements for the Prisoner of War Medal
* authorize the Bronze Star Medal for those who participated in the defense of the Philippines

      b.  a copy of his WD AGO Form 53-55 ((Enlisted Record and Report of Separation – Honorable Discharge).


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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  His records were seriously damaged in that fire.  However, sufficient documents are available to conduct a fair and impartial review of this case.

3.  The applicant entered active duty from the National Guard on 6 January 1941 and was serving in the Philippine Islands with the Coastal Artillery when the Philippines fell to the Japanese.  

4.  His DD Form 2510 (Prisoner of War (POW) worksheet shows he was serving with the 515th Coastal Artillery when he was taken prisoner and first confined on 15 May 1942.  He was held at two locations in the Philippines and also in Manchuria.  He was released on 22 August 1945.

5.  The applicant was honorably discharged on 8 November 1946 as a staff sergeant.    His WD AGO Form 53-55 was prepared on partial records and his affidavit.  It lists his authorized awards as the American Defense Service Medal with one bronze service star, World War II Victory Medal, Asiatic Pacific Campaign Medal with two bronze service stars, Good Conduct Medal, One Service Stripe, Philippine Defense Ribbon with one bronze service star, Seven Overseas Service Bars, and the Distinguished Unit Badge (subsequently redesignated the Presidential Unit Citation) with three Oak Leaf Clusters.

6.  Subsequent to his release from active duty, on 17 June 1985, he was awarded and provided (with orders) the Bronze Star Medal based on his participation in the defense of the Philippines.  On 15 August 1988, he was authorized and provided the Prisoner of War Medal.

7.  There is no available medical information.

8.  During World War II and the Korean War the Purple Heart was not awarded to Soldiers who had been injured while in captivity or while being taken captive.  Those injuries were considered to be the result of war crimes and not the result of a legal action of war.  War Department policy required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  The National Defense Authorization Act (NDAA) of 1996, Congress authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

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.  However the regulation also states (in the subparagraph that the applicant highlighted that:

 For those who became Prisoners of War during World War II, the Korean War and before and after 25 April 1962, the Purple Heart will be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to the Department of the U.S. Army of an affidavit that is supported by a statement from a witness, if this is possible.

10.  Army Pamphlet 672-1 shows that both the 515th Anti-Aircraft (Coastal Artillery) and the 60th Costal Artillery (Anti-Aircraft) were authorized three awards of the Distinguished Unit Citation and the Philippine Republic Presidential Unit Citation.  

11.  The provisions for completing WD AGO Form 53-55 provided that item 6 (Organization) was to list an enlisted Soldier’s last duty station.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, that his discharge document be corrected to show award of the Bronze Star Medal, Purple Heart, and the Prisoner of War Medal and his organization as the 515th Coastal Artillery.



2.  The applicant has been awarded the Bronze Star Medal and the Prisoner of War Medal.  They should be added to his discharge document. 

3.  The 515th Coastal Artillery was a storied unit.  However, it does not appear to have been his last unit of assignment.  Therefore, it appears his WD AGO Form 53-55 properly shows his last unit of assignment. 

4.   The Philippine Republic Presidential Unit Citation is not currently listed on his discharge document and should be added.

5.  Regrettably, there is no medical information available upon which to base a favorable decision to award the Purple Heart.  That part of his request should be denied.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.  

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 showing on his WD AGO Form 53-55 that in addition to the awards already listed he is also authorized the Bronze Star Medal, Prisoner of War Medal, and the Philippine Republic Presidential Unit Citation.

2.  The Board further determined that the evidence presented was 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 or to changing his organization.



      _______ _ 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)                                         AR20120022153





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ABCMR Record of Proceedings (cont)                                         AR20120022153



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