IN THE CASE OF:	  

		BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20120023003 


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, a recently deceased former service member (FSM), requested correction of his record to show award of the Purple Heart.

2.  The FSM submitted his application on 1 December 2012 and died on 
17 January 2013.  His daughter has formally requested that his application continue to be processed.

3.  The FSM stated he received a Purple Heart for wounds received on Buna Island, New Guinea in December 1942.

4.  The FSM and his daughter provide:

* a handwritten synopsis of the FSM's military service
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO
* a letter from the FSM's daughter
* two letters from the Cedarview Nursing and Rehabilitation Center, Lebanon, OH
* three photographs
* two newspaper articles
* the FSM's Certificate of Death

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered using a partially reconstructed record provided by the NPRC.

3.  The FSM's WD AGO Form 55 (Honorable Discharge from the Army of the United States) shows he enlisted in the Regular Army on 22 December 1941.  His Army specialty was Dental Technician.  He was honorably separated with a Certificate of Disability Discharge on 20 May 1943 after completing 1 year, 5 months, and 8 days of total active service.  He held the rank of technician fifth grade on the date of his discharge.

4.  The FSM's reconstructed record contains medical documents that show:

	a.  On 11 December 1942, he was received at the 10th Evacuation Hospital where he was diagnosed with Malaria and Anxiety Neurosis.

	b.  He was further evacuated for additional evaluation and treatment of his diagnoses.

	c.  Upon arrival at the 42nd Station Hospital it was noted that the FSM's chief complaint was "Nervousness."  He informed the examining physician that his father was ill with tuberculosis and his mother was the "nervous type."

	d.  The examining physician rendered a History of the Present Illness wherein he noted:

The patient has been in the New Guinea areas for at least 10 weeks.  He is slightly confused and is not positive of the dates.  He apparently was first taken sick sometime around the middle of November (1942,) when he developed a high fever.  He knew it was malaria, being in a medical detachment, and took quinine.  He felt a tremendous determination to go on and continue with his work.  Had two other small episodes of fever until December 1942 when he was in a bombing of the Second Field Hospital at Buna.  At that time he apparently was dazed by the bombing, but there is no evidence of direct contact with shells.  Felt rather dazed after that, could not sleep, and has continued to hear [Japanese] planes during the night, and to sleep fitfully.  On December 7, the [Japanese] came over again, he was completely "knocked out" after that.  Was returned to Port Moresby, then to Townsville and then here.

	e.  On 27 February 1943, a physician noted:

Patient has been quiet and cooperative, but at all times tense and apprehensive.  He is in good contact for the most part, is inclined to be seclusive.  Still actively hallucinating and with paranoid trends.  He has been considered by a Disposition Board and is considered unfit for Military Duty in the SWPA [South West Pacific Area].  He is to be returned to the United States.

	f.  On 16 April 1943, he was admitted to Nichols General Hospital, Louisville, KY, where his final diagnosis was determined to be "Psychoneurosis, anxiety state, severe, cause undetermined, but precipitated by warfare, manifested by external tension, jumpiness, sleeplessness, frequent terrifying dreams and irritability."  His condition was determined to have been incurred in the line of duty.  It was also determined that his final disposition was to be discharged from the service on a Certificate of Disability on 29 May 1943 due to being incapacitated for military service by reason of inability to perform the routine duties of a Soldier.

5.  The FSM's WD AGO Form 55 also contains the following pertinent information:

	a.  Battles, engagements, skirmishes, expeditions:  "None."

	b.  Decorations, service medals, citations entitled to:  "Asiatic-Pacific and Good Conduct Medal."  This entry does not show he was awarded the Purple Heart.

	c.  Wounds received in service:  "None."
	d.  Remarks:  "Soldier left U.S. for duty in Australia on July 24, 1942.  Returned to U.S. on April 6, 1943.  No time lost under A.W. 107.  Entitled to travel pay to place of enlistment."

	e.  The FSM authenticated this document with his signature at the time of his separation.

6.  A review of the U.S. Army Surgeon General's Office Hospitalization File Listing shows the FSM was admitted to a hospital in New Guinea in December 1942 with a diagnosis of battle reaction incurred in the line of duty.  It also shows he was separated with a Certificate of Disability Discharge in May 1943.

7.  The FSM and his daughter provide:

	a.  a letter from the NPRC to the FSM, dated 26 April 2012, informing him that "The Purple Heart Medal is awarded for wounds or injuries received as a direct result of hostile action.  A record of such wounds or injuries must be contained in official military records.  A search of these records has failed to produce any evidence that he received such wounds.  In the absence of evidence, [neither] the Purple Heart Medal nor the certificate of the Purple Heart Medal could be authorized."

	b.  a letter from the Social Service Director, Cedarview Nursing and Rehabilitation Center addressed to the Board, dated 30 November 2012.  The director states the FSM had been a resident at Cedarview since 2009.  He had shared many stories from his time in the Army with staff and he was very proud to show the Purple Heart he was awarded.  Probably every staff person had seen his Purple Heart and heard about his war experiences.  His time in the Army was a very important part of his life and he always kept his Purple Heart close to him. Unfortunately, it was swept up with some laundry and put into the washing machine before anyone realized; the purple ribbon was found, but the actual medal was never located.  The director provided a photograph of what remains of the FSM's Purple Heart.

	c.  a letter from the FSM's daughter addressed to the Board, dated 7 December 2012.  She asks that the Board consider the aforementioned letter and photograph from the Cedarview director.  She acknowledges the NPRC informed her that their records do not show her father was authorized the Purple Heart.  She and others have personally seen her father's Purple Heart along with other ribbons and stripes.  She provides a handwritten synopsis of the FSM's military service apparently written by a representative of the Red Cross that indicates he:

* served 5 months of duty in Australia
* was transferred to New Guinea
* performed front line duty in the medical department at Buna
* contracted malaria four times
* received severe bomb concussion two times
* sustained a shrapnel wound in his right arm
* left Buna 7 December 1942
* was currently recuperating at Darnell Field Hospital, Danville, KY
* was awarded or authorized 2 Overseas Stripes, one Wound Stripe, one Atlantic Ribbon, one Army Good Conduct Medal, one New Guinea Campaign Ribbon with 2 Stars, one Purple Heart

	d.  two photographs provided by the FSM's daughter.  One depicts the FSM and his first wife on their wedding day and shows he is wearing a Purple Heart on his Army uniform.  The second photo shows the FSM dressed in a civilian suit wherein he appears to be wearing the Purple Heart.  The second photo is dated 11 November 2008 and bears the statement "Thank you for your service."

	e.  two undated newspaper articles from unspecified publications which indicate the FSM was wounded while in serving in New Guinea and hospitalized in Australia.  One article states "and to his credit, two stars for major battles besides the Purple Heart."

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 been treated by medical personnel, and the medical treatment must have been made a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered.

2.  His WD AGO Form 55 shows he did not participate in any battles, engagements, skirmishes, or expeditions.  This form also shows he sustained no wounds in action and was not awarded the Purple Heart.  

3.  Although the available evidence shows the FSM was diagnosed with psychoneurosis and malaria; there is no evidence in the available record and neither the FSM nor his daughter have provided sufficient evidence that shows the FSM sustained a shrapnel wound or any other injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.

4.  Regrettably, in view of the foregoing there is an insufficient evidentiary basis for granting the FSM's requested relief.

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 wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's 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)                                         AR20120023003



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ABCMR Record of Proceedings (cont)                                         AR20120023003



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