BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130014619 


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 reconsideration of his previous request that his deceased father, a former service member (FSM), be awarded the Purple Heart. 

2.  The applicant states:

* he made new discoveries of his deceased father's injuries suffered while he was a prisoner of war (POW) under the Japanese during World War II (WWII); his name is listed as a POW on the National Archives
* his father received several injuries while a POW and those injuries are documented through his personal interviews and his medical records

3.  The applicant provides:

* Original application along with a DVD video
* Original Board's decision
* Records from the National Archives
* Records from the Department of Veterans Affairs (VA) 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120018383, on 14 May 2013. 
2.  The applicant provides a new argument as well as new documents from the National Archives and the VA.  This is considered new evidence and warrants consideration by the Board. 

3.  The FSM's available records show he was inducted into the Army of the United States and entered active duty in Santa Fe, NM, on 4 April 1941.  At the time of separation he held a ground aircraft observer military occupational specialty and he was assigned to the 200th Coast Artillery Corps (CAC) (Anti-Aircraft Artillery).

4.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) shows he departed the continental United States (CONUS) on 29 August 1941 and arrived in the Southwest Pacific Theater of Operations (SWPTO) on 16 September 1941.  He departed the SWPTO on 17 September 1945 and he arrived back in CONUS on 1 November 1945.  

5.  He completed 1 year and 6 days of continental service and 4 years, 2 months, and 3 days of foreign service.  He was honorably discharged on 12 June 1946 for the purpose of reenlistment.  His WD AGO Form 53-55 further shows in:

* Item 31 (Military Qualifications and Date), the entry "None"
* Item 32 (Battles and Campaigns), the Philippines campaign
* Item 33 (Decorations and Citations), the American Defense Ribbon with one bronze star, Asiatic-Pacific Ribbon with bronze service star, Philippine Defense Ribbon with bronze star, Distinguished Unit Badge with two oak leaf clusters, and Good Conduct Medal
* Item 34 (Wounds Received in Action), the entry "None" 

6.  He reenlisted on 13 June 1946, was transferred to the Department of Air Force on 30 September 1948, and he was discharged on 12 June 1949.  He reenlisted in the Air Force on 13 June 1949 and he was discharged on 
3 December 1952.  

7.  Item 28 (Remarks) of his WD AGO Form 20 (Soldier's Qualification Record) shows he was a POW of the Japanese Army in Manchuria from 6 May 1942 to 17 August 1945.  

8.  His service records contain multiple documents, letter correspondence, and multiple Battle Casualty Reports confirming his POW status.  This status is also reflected on the National Archives database. 



9.  Upon liberation form captivity, he underwent a physical examination.  A summary of his examination shows he was taken as a POW of the Japanese on Corregidor in 1942.  He was kept in the Philippines until October 1942 when he was moved to Manchuria where he spent most of his time working in the Textile Mills.  He had no particular disturbances related to malnutrition.  He had one severe episode of dysentery at which time his weight went down to 101 pounds.  At the present time, he recovered most of his normal weight and has no complaints.  Physical examination is negative except for evidence of deafness in the left ear.  His final diagnosis:  No Disease - Liberated prisoner of war.  Disposition:  Temporary Duty at Home. 

10.  On 17 June 1985, the Department of the Army published Permanent Orders 111-1 awarding him the Bronze Star Medal for meritorious achievement in ground combat in the Southwest Pacific Theater of Operations.

11.  On 10 June 2013, as a result of this Board's actions, the FSM was issued a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) that added to his WD AGO Form 53-55 the:

* POW Medal, World War II Victory Medal, Bronze Star Medal, and Philippine Presidential Unit Citation 
* POW, 200th CAC Philippines, 6 May 1942 to 16 August 1945

12.  The applicant provides multiple documents from the National Archives and the VA.  These include: 

	a.  Multiple Battle Casualty Reports and/or correspondence from the Adjutant General's Office informing the FSM's next of kin of his duty status from the time he was reported in a POW status to the time he was returned to military control. The FSM was taken as a POW of the Japanese on Corregidor in 1942.  He was kept in the Philippines until October 1942 when he was moved to Manchuria where he stayed until liberation. 

	b.  WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), undated.  This report lists multiple significant diseases: malaria (last attack in June 1943 in Manchuria while in a POW status), beriberi concurrent with malaria, malnutrition, pellagra, scurvey, dysentery, tropical ulcers, and defective hearing (left) ear.

	c.  Medical Department Form 52b (Medical Record), dated 23 September 1945.  This form shows the entry "Ulcer, acute, hands and left arm, cause secondary to burns."  

	d.  Medical Form, dated 3 October 1945, that shows the FSM was admitted to the 12th General Hospital in Manila.  He was assigned to C Battery, 60th Corps Artillery.  His diagnosis was that of "burns, palms, palmar surface of fingers, left forearm, full thickness skin loss, electrical burns, accidentally incurred when attempting to climb over an electrified fence on 23 August 1945, incurred place unknown." 

	e.  Multiple clinical records, dated 3 October 1945, showing the FSM's diagnosis was "burns, palms, palmar surface of fingers, left forearm, full thickness, skin loss, electric burns."  

	f.  Standard Form 88 (Report of Medical Examination), dated 8 June 1949 for the purpose of separation and reenlistment in the Air Force.  This report noted the FSM had malaria in 1942 but was otherwise medically qualified.  

	g.  VA Form 21-2507, dated 17 March 1960, that shows the FSM was a Japanese POW who claimed beri-beri, malnutrition, dysentery, malaria, ear condition, stomach, weak feet, eye, dental, back condition, fingers, burned hands, leg condition, shoulder pain, bayonet wound in the neck, complete exam for Japanese POW."  

	h.  Standard Form 513 (Clinical Record - Consultation Sheet), dated 11 April 1960.  This form shows the entry "history here is an exposure to gun concussion during last World War.  Ever since that time, the patient claims inability to hear from left ear."

	i.  Standard Form 501 (Clinical Record - Orthopedic Examination), dated 11 Aril 1960, that shows the entry "Veteran states while in Japanese POW camp, his shoulder and back were injured partially by beating, but probably mainly by carrying 100 sacks of rice."

	j.  Standard Form 504 (Clinical Record - History), dated 6 October 1983, that shows the entry "This Japanese POW had his back injured while in a POW camp carrying sacks of rice.  No treatment was given.  He suffered severe electric burns to his hands during an escape attempt when he placed his hands on an electric wire on top of a wall.  He was unconscious and after regaining consciousness, he was forced to stand at attention for 18 hours with a Japanese Soldier in front of him with a bayonet to his throat.  He would fall forward when he became tired and he suffered bayonet wounds to his neck.  He had malaria when he was in the POW camp as well as other diseases.'


	k.  VA Form 10-2545 (VA Report of Medical Examination for Disability Evaluation), dated 12 April 1960.  This form states "Veteran states he is bothered by his eyes, his back, and loss of hearing from left ear.  This condition of the eyes has existed since the veteran was a POW from May 1942 to September 1945.  In fact, all of the veteran's trouble has existed since this time."

13.  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.

14.  Section 521a of the National Defense Authorization Act of 1996 authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW or while being taken captive, in the same manner as a former POW who was wounded on or after that date.  Section 521b specifically stated that award of the Purple Heart for POWs under Section 521a shall be made in accordance with the standards in effect on the date of the enactment of this Act to persons wounded on or after 25 April 1962.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his deceased father should be awarded the Purple Heart and the evidence he submitted was carefully considered.  Regrettably, there is insufficient evidence to support his request. 

2.  While the available evidence clearly established the FSM was in fact a POW in a Japanese camp, none of the diseases or injuries he sustained was caused by the enemy.  For example:

* the "accidental" burns on his palm and/or hands were due to an accident while trying to escape
* the "bayonet" incident is not mentioned anywhere in the contemporaneous medical records until he mentioned it in March 1960 during the VA examination
* the diseases (malaria, dysentery, beri-beri, and others), were natural causes that do not qualify for the Purple Heart

3.  More importantly, the FSM underwent a physical upon liberation/repatriation.  This examination stated "He had no particular disturbances related to malnutrition.  He had one severe episode of dysentery at which time his weight went down to 101 pounds.  At the present time, he recovered most of his normal weight and has no complaints.  Physical examination is negative except for evidence of deafness in the left ear.  His final diagnosis:  No Disease - Liberated prisoner of war.  Disposition: Temporary Duty at Home."  Had there been signs of beatings, injuries, lacerations, neck wounds, or other enemy-related injuries, it is reasonable these issues would have been listed or mentioned at the time. 

4.  While the sincerity of the applicant’s claim that the FSM was wounded and/or injured during his internment as a POW by the Japanese Army is not in doubt, there is insufficient evidence in the available records to show that such was the case.  Therefore, in the absence of evidence to substantiate that the FSM's injuries were the result of enemy action there is insufficient evidence in which to award the FSM the Purple Heart at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x______  __x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of the ABCMR set forth in Docket Number AR20120120018383, on 14 May 2013. 




      _______ _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)                                         AR20130014619



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ABCMR Record of Proceedings (cont)                                         AR20130014619



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