IN THE CASE OF:  	  

		BOARD DATE:  25 September 2014	  

		DOCKET NUMBER:  AR20140002701 


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 request for correction of his   WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded by grenade fragments in the Philippines and was treated by the unit medic who also gave him the Purple Heart.  While his discharge documents do not indicate he was awarded the Purple Heart, his family discovered a newspaper article indicating that he had been awarded the Purple Heart and was returned to duty.  It is apparent that the Army provided that information and supports his contention that he was awarded the Purple Heart. 

3.  The applicant provides a copy of a newspaper article.

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 AR20120022606 on 2 July 2013.

2.  The applicant provides new evidence that warrants reconsideration.

3.  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 the applicant's records were lost or destroyed in that fire.  However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

4.  The available records show he was inducted on 25 October 1943 and entered active duty on 16 November 1943 at Fort Snelling, Minnesota.  He completed his training as a scout car crewman and departed for the South Pacific Theater of Operations on 18 May 1944.  He served in the Southern Philippines and Luzon campaigns and was returned to the continental United States on 5 February 1946.  He was transferred to Camp McCoy, Wisconsin where he was honorably discharged on 12 February 1946.

5.  His WD AGO Form 53-55, issued at the time of his discharge, shows he was awarded the Combat Infantryman Badge, Philippine Liberation Ribbon with one bronze service star, Good Conduct Medal, and the Asiatic-Pacific Theater Service Medal (now known as the Asiatic-Pacific Campaign Medal).  Item 34 (Wounds Received in Action) contains the entry "None." 

6.  The available records show he received combat infantry pay and on             13 February 1946, the Veterans Administration (VA) awarded him service-connection for residuals of shell fragmentation wounds in the head region.

7.  He provides a newspaper article that lists his awards and includes the Purple Heart.  It also indicates that he was returned to duty and he was promoted to the rank of corporal.  The article also mentions specific information regarding his unit that could have only been provided by military authorities and tends to indicate that in all likelihood the article was submitted by Army Public Affairs officials.

8.  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.

9.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Asiatic-Pacific Campaign Medal, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  While there is no official document that shows he was wounded as a result of enemy action and his wounds were treated and made a matter of record, the newspaper article provided by the applicant tends to suggest that he was, in fact, awarded the Purple Heart and that through administrative oversight, combined with the fact that the unit was serving in combat, his award was not properly recorded in his records.

2.  He has repeatedly stated that he was wounded by a Japanese grenade, treated at his unit aid station, and was issued a Purple Heart.  This information, combined with the fact that he was awarded service-connection for fragment wounds by the VA shortly after his discharge, suggests he was, in fact, wounded and in all likelihood was awarded the Purple Heart.

3.  Although it cannot be determined with any degree of certainty when he was wounded, he should be given the benefit of any doubt in this case, especially when considering the newspaper article he submits.  Therefore, in the interest of justice, the award of the Purple Heart should be added to his WD AGO Form   53-55 and it should be corrected to show he was wounded in the Philippines. 

4.  Additionally, he is eligible to wear the Asiatic-Pacific Campaign Medal with two bronze service stars, and he served during a qualifying period for award of the WWII Victory Medal and they should be added to his WD AGO Form 53-55. 

BOARD VOTE:

___X____  ____X___  ___X___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20120022606, dated 2 July 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. deleting the Asiatic-Pacific Theater Service Medal from his WD AGO Form 53-55;

   b.  adding the Purple Heart, Asiatic-Pacific Campaign Medal with two bronze service stars, and the WWII Victory Medal to his WD AGO Form 53-55; and
   
   c.  adding the entry, “Wounded in the Philippines, date unknown to item 34 of his WD AGO Form 53-55.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the WWII 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)                                         AR20140002701





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ABCMR Record of Proceedings (cont)                                         AR20140002701



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