BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130011434
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Purple Heart.
2. The applicant states he was wounded but the award is not shown on his WD AGO Form 53-55.
3. The applicant provides a WD AGO Form 53-55.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based on the applicant's WD AGO
Form 53-55.
3. His WD AGO Form 53-55 shows:
a. He was inducted into the Army of the United States on 13 February 1943.
b. He was assigned to Company K, 106th Infantry.
c. His military qualifications include the Combat Infantryman Badge.
d. He served in the Asiatic - Pacific theater of operations from 1 October 1944 to 19 June 1945.
e. He participated in the Ryukyus campaign.
f. He was wounded in action on 20 April 1945.
g. He was awarded or authorized the Asiatic - Pacific Campaign Medal and the American Theater Service Medal (now known as the American Campaign Medal), and the World War II Victory Medal.
h. He was honorably discharged on 8 November 1945.
4. Army Regulation 600-8-22 (Military Awards) states:
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 Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is 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 Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
c. A bronze service star is authorized with the Asiatic - Pacific Campaign Medal for each campaign a member is credited with participating in.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his WD AGO Form 53-55 should be corrected to show the Purple Heart has been carefully considered.
2. His WD AGO Form 53-55 shows he was wounded in action on 20 April 1945. Therefore, he is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award.
3. Based on award of the Combat Infantryman Badge, the applicant met the eligibility criteria for award of the Bronze Star Medal. Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.
4. He was awarded the Asiatic - Pacific Campaign Medal. However, he participated in one campaign during his service in the Asiatic - Pacific theater of operations. Therefore, he is authorized one bronze service star for wear on the Asiatic - Pacific Campaign Medal and correction of his WD AGO Form 53-55 to show this bronze service star.
BOARD VOTE:
____X____ ___X_____ _X____ GRANT FULL 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. awarding him the Purple Heart for wounds sustained on 20 April 1945;
b. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge;
c. deleting the Asiatic - Pacific Campaign Medal from his WD AGO Form
53-55; and
d. adding to his WD AGO Form 53-55 the Purple Heart, Bronze Star Medal, and the Asiatic - Pacific Campaign Medal with one bronze service star.
_______ _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) AR20130011434
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130011434
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002079334C070215
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal and the Purple Heart in item 33 (Decorations and Citations). The applicant's WD AGO Form 53-55 shows he received credit for participation in the New Guinea and Luzon campaigns and was awarded the Asiatic-Pacific Theater Ribbon with two bronze service stars. ' b. by adding award of the Bronze Star Medal (based on award of the Combat Infantryman Badge),...
ARMY | BCMR | CY2002 | 2002082989C070215
The soldier further attests that they were under intense enemy fire, so, no paperwork was submitted to award the applicant the Purple Heart for being wounded in action. 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. The applicant signed his WD AGO Form 53-55 on 16 October 1945 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart.
ARMY | BCMR | CY2010 | 20100008729
The applicant states his discharge document does not show award of the Purple Heart for wounds received during combat action in the Pacific. The evidence of record shows the applicant received the Asiatic-Pacific Campaign Medal and that he participated in five campaigns. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for wounds incurred on 29 April 1945 and the Bronze Star Medal; b....
ARMY | BCMR | CY2009 | 20090001179
The applicants military records are not available to the Board for review. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 29 April 1945, and his WD AGO Form 53-55 should be amended. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 29 April 1945; b. awarding him the Bronze Star Medal (based on...
ARMY | BCMR | CY2004 | 20040007991C070208
The applicant’s military records are not available to the Board for review. As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned be corrected by showing he is authorized the Asiatic- Pacific Campaign Medal with three bronze service stars and one arrowhead; the Philippine Liberation Ribbon with one bronze service star; and the Bronze Star Medal (based upon award of the Combat Infantryman Badge). The Board further determined that the evidence presented...
ARMY | BCMR | CY2007 | 20070011969C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 January 2008 DOCKET NUMBER: AR20070011969 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him a...
ARMY | BCMR | CY2005 | 20050007253C070206
Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation, in DA Pamphlet 672-1, or in item 32 of WD AGO Form 53-55 and states that authorized bronze service stars will be worn on the Asiatic-Pacific Campaign Medal. Records show the applicant served in the Asiatic-Pacific Theater; therefore, his records should be corrected to show award of the Asiatic- Pacific Campaign Medal....
ARMY | BCMR | CY2012 | 20120001148
The FSM's military service records are not available to the Board for review. Therefore, it would be appropriate to correct the FSM's records to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing orders and a DA Form 4980-10 (Purple Heart Certificate) awarding the FSM the Purple Heart for wounds received in action in the Asiatic-Pacific Theater of Operations on 19 May 1945; b....
ARMY | BCMR | CY2010 | 20100011327
Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None." Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant. Therefore, the Board requests that the CMSD-Arlington, VA...
ARMY | BCMR | CY2013 | 20130010144
The evidence of record shows the FSM was wounded in battle in Luzon on or around 26 May 1945. 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. 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: *...