IN THE CASE OF:	  

		BOARD DATE:  18 March 2014

		DOCKET NUMBER:  AR20130012472 


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 award of the Purple Heart.

2.  The applicant states he should be eligible for at least one Purple Heart for the numerous combat-related injuries he sustained.  He further states he was too busy during the war to worry about his awards and decorations.

3.  The applicant provides:

* Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim)
* a chronological list of combat-related injuries he sustained 
* WD AGO Form 0150-4 (Transcript from Enlisted Record)
* WD AGO Form 280 (Army of the United States Certificate of Service)
* Certificate in Lieu of Lost or Destroyed Honorable Discharge
* General Orders Number 4
* General Orders Number 5

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 complete 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 in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 0150-4 shows he was inducted into the Army of the United States and he entered into active service on 6 February 1941.  He honorably transferred to the Enlisted Reserve Corps on 6 December 1941.  He was recalled and reported for active duty on 16 January 1942.  His military occupational specialty was 745 (Rifleman).  His final unit of assignment was with Company B, 148th Infantry Regiment.  He was honorably discharged on 10 August 1945 at demobilization after completing 4 years, 4 months, and         26 days of total active service.  He held the rank of staff sergeant on the date of his separation.

4.  General Orders Number 4, issued by Headquarters, U.S. Naval Base Hospital Number Two, dated 9 August 1943, awards him the Purple Heart for wounds received in action during engagement with the enemy at New Georgia Island on 2 August 1943.

5.  The applicant's WD AGO Form 0150-4 shows in:

	a.  Item 30 (Battles and Campaigns):

* Southern Philippines
* Luzon
* Northern Solomons

	b.  Item 31 (Decorations and Citations) he was awarded the:

* Asiatic Pacific Theater Ribbon with 3 bronze service stars
* American Defense Service Medal


* Philippine Liberation Ribbon with 1 bronze service star
* Army Good Conduct Medal
* Combat Infantryman Badge

	c.  Item 32 (Wounds Received in Action) states he was wounded at New Georgia Island; however, a date was not available.
   
   d.  Item 34 (Service Outside Continental U.S. (CONUS) and Return) he:

* arrived in the Asiatic-Pacific Theater of Operations (APTO) on
10 June 1942
* departed the APTO on 10 July 1945
* arrived in CONUS on 2 August 1945

	e.  Item 40 (Remarks) he was issued the Lapel Button.

6.  A review of the Office of the Surgeon General files failed to show that the applicant was wounded in action or treated for a wound received as a result of enemy action.

7.  The applicant provides a chronological list of injuries he sustained during World War II (WWII) while serving with the 148th Infantry Regiment.  

8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The 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 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 the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be 


awarded to individuals who were authorized either badge for service during World War II.

	c.  The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows his unit:
   
   a.  The 148th Infantry Regiment was cited for award of the Distinguished Unit Citation for the period 9 January through 4 March 1945, by War Department General Order 34, dated 1946 and 

   b.  The Philippine Republic Presidential Unit Citation for the period               17 October 1944 to 4 July 1945, by Department of the Army General Order 47, dated 1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of at least one Purple Heart for the numerous combat-related injuries he claims to have sustained has been carefully examined. 

2.  General Orders awarded him the Purple Heart; therefore, he is entitled to correction of his records to show this award.  However, the applicant's available records do not show he suffered from or was treated for additional combat wounds or injuries.  The evidence he submitted is insufficient to substantiate that he sustained additional wounds or injuries as a result of hostile action or treated for such wounds.

3.  Notwithstanding the applicant's contentions and sincerity, in the absence of additional documentation which conclusively shows the applicant sustained additional 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 him more than one Purple Heart.

4.  The evidence of record shows the applicant was previously awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal.  Therefore, it would be appropriate at this time to award the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge and to correct his record to show this award.
5.  The available evidence shows the applicant served during a qualifying period for entitlement to the WWII Victory Medal.  Therefore, his record should be corrected to show this award.

6.  The applicant's unit was cited for award of the Distinguished Unit Citation and the Philippine Republic Presidential Unit Citation during his period of his assignment.  Therefore, the applicant's record should be corrected to show these unit awards.

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:

   a.  awarding the applicant the Bronze Star Medal based upon his previous award of the Combat Infantryman Badge and

	b.  adding to the applicant's WD AGO Form 0150-4 the:

* Purple Heart
* Bronze Star Medal
* World War II Victory Medal
* Distinguished Unit Citation
* 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 awarding more than one Purple Heart.



3.  The Board wants the applicant and all others to know that the sacrifices the applicant made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20130012472





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ABCMR Record of Proceedings (cont)                                         AR20130012472



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