IN THE CASE OF:	  

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130010144 


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, the daughter of a deceased former service member (FSM), requests award of the Purple Heart for injuries her father received during World War II (WWII).

2.  The applicant states the FSM was shot and wounded on 26 May 1945 and was not awarded the Purple Heart.

3.  The applicant provides:

* Self-authored statement, dated 24 April 2013
* Certificate of death
* Certificate of live birth
* Information from the Hospital Admissions Cards, created on 27 March 2013
* Certification of Military Service
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* WD AGO Form 100 (Separation Qualification Record)
* Honorable Discharge Certificate

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 for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  The records available to the ABCMR were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The FSM's records show he was inducted into the Army of the United States on 3 January 1944 and entered active duty in Los Angeles, CA on 24 January 1944.  He was assigned to the 128th Infantry Regiment, 32nd Infantry Division, and held military occupational specialty 745 (Rifleman).

4.  His WD AGO Form 53-55 shows in:

	a.  item 31 (Military Qualification and Date) he was awarded the Combat Infantryman Badge.

	b.  item 32 (Battles and Campaigns) he participated in the Luzon campaign.

	c.  item 33 (Decorations and Citations) he was awarded or authorized the:

* American Campaign Medal
* Philippine Liberation Ribbon
* Silver Star Medal
* Asiatic-Pacific Campaign Medal
* World War II (WWII) Victory Medal
* Good Conduct Medal

	d.  item 34 (Wounds Received in Action) shows he was wounded in Luzon in May 1945.

5.  The applicant provided a document (Information from the Hospital Admission Cards Created by the Office of the Surgeon General, Department of the Army (1942-1945) and (1950-1954) information for the year 1945) which shows the FSM sustained a bullet or missile wound to his shoulder during battle and was admitted to the hospital for treatment on 26 May 1945.

6.  The FSM's Honorable Discharge Certificate shows he was honorably discharged on 27 April 1946.

7.  Army Regulation 600-45, paragraph 18, in effect at the time, stated the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal was 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 was considered to be a citation in orders for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during WWII.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  This pamphlet shows his unit of assignment was awarded occupation credit for service in Japan for the period 30 August 1945 through 
30 January 1946 and the Philippine Presidential Unit Citation for the period 
17 October 1944 through 4 July 1945 by Department of the Army General Orders (DAGO) Number 47, dated 1950.

9.  Army Regulation 600-8-11 (Military Awards) states the:

	a.  Purple Heart is awarded for a wound sustained 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 medical treatment, and the medical treatment must have been made a matter of official record.  

	b.  Asiatic-Pacific Campaign is awarded for service with the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946.  One bronze service star is authorized for each campaign for which a service member receives credit.

	c.  Army of Occupation Medal was established by War Department General Orders 32, 1946. It is awarded for service for 30 consecutive days at a normal post of duty while assigned to Army of Occupation of Japan between 
3 September 1945 and 27 April 1952 in the four main islands of Hokkaido, Honshu, Shikoku, and Kyushu, the surrounding smaller islands of the Japanese homeland, the Ryukyu Islands, and the Bonin-Volcano Islands.  The Army of Occupation Medal Clasp is authorized to Soldiers who served in Far East Theater during the occupation of the Far East will wear the Clasp inscribed "Japan."  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM was wounded in battle in Luzon on or around 26 May 1945.  Therefore, he is entitled to award of the Purple Heart and correction of his WD AGO 53-55 to add this award.

2.  The evidence of record shows the FSM was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

3.  He was awarded the Asiatic-Pacific Campaign Medal and was credited with participating in the Luzon Campaign.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to add one bronze service star to his previously-awarded Asiatic-Pacific Campaign Medal.

4.  His unit was awarded occupation credit for service in Japan; therefore, he is entitled to correction of his WD AGO Form 53-55 to add the Army of Occupation Medal with Japan Clasp.

5.  GO awarded his unit the Philippine Presidential Unit Citation during the period of his assignment; therefore, he is entitled to correction of his WD AGO Form 
53-55 to add this foreign unit award.


BOARD VOTE:

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting from his WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal;

	b.  awarding him the:

* Purple Heart for wounds received in action on 26 May 1945
* Bronze Star Medal based on award of the Combat Infantryman Badge for service from March 1945 to September 1945 during WWII

	c.  adding to his WD AGO Form 53-55 the:

* Purple Heart
* Bronze Star Medal
* Asiatic-Pacific Campaign Medal with one bronze service star
* Army of Occupation Medal with Japan Clasp
* Philippine 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)                                         AR20130010144





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ABCMR Record of Proceedings (cont)                                         AR20130010144



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