IN THE CASE OF:

		BOARD DATE: 4 November 2014

		DOCKET NUMBER:  AR20140004618


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 the records of his late father, a former service member (FSM), be corrected to show he was awarded two Purple Hearts.

2.  The applicant states his father was wounded twice during World War II (WWII).  He received the Purple Heart for wounds he received in action on 
28 October 1944 on Leyte Island in the Philippine Islands.  He received a second injury during the invasion of Okinawa in April 1945.  The applicant is sure his father received a second Purple Heart but he has been unable to locate the official record.  His father may also be authorized the Bronze Star Medal.

3.  The applicant provides copies of:

* Applicant's Birth Certificate
* Statutory Short Form Power of Attorney
* FSM's Death Certificate
* FSM's Last Will and Testament
* FSM's WD AGO Form 53-55 (Military Record and Report of Separation)
* a Clinical Abstract of FSM's medical condition
* Newspaper articles and FSM's letter
* a photo of FSM's gravestone marker
* Army Review Boards Agency letter, dated 27 February 2014 




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 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's enlisted record shows he:

	a.  was inducted on 6 October 1942; 

	b.  was promoted to technical sergeant effective 24 April 1943; 

	c.  was awarded the Purple Heart on 3 December 1944, the Army Good Conduct Medal, the Combat Infantryman Badge, the Expert Infantryman Badge, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

	d.  received a gunshot wound to his left buttocks on 28 October 1944.

4.  The FSM's officer record WD-AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) shows he:

* was commissioned overseas on 6 March 1945 as a second lieutenant in the infantry branch 
* served in the following battles and campaigns:  Southern Philippines and Ryukyus
* received wounds in action on 11 April 1945 in the Asiatic-Pacific Theater
* was awarded the Purple Heart, the Asiatic-Pacific Service Medal with one bronze arrowhead, the American Service Medal, the World War II Victory Medal, and the Philippine Liberation Ribbon with two bronze stars
* was released from active duty on 27 April 1946

5.  The applicant provides copies of newspaper articles, the FSM's letter indicating he was twice wounded in action, and a clinical abstract of the FSM's medical condition showing he received a compound fracture of the tibia by shell fragment on 11 April 1945.  

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

	a.  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.  A Purple Heart is authorized for the first wound suffered, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his late father's records should be corrected to show two awards of the Purple Heart. 

2.  The available records show the FSM was wounded in action on two occasions.  He received a gunshot wound to his left buttocks on 28 October 1944 and received a compound fracture of the tibia by shell fragment on 11 April 1945. 
His enlisted record shows the Purple Heart for the first wound.  His officer record shows the Purple Heart for the second wound.  This was actually the Purple Heart with 1st Oak Leaf Cluster and should be shown as such.

3.  The FSM was awarded the Combat Infantryman Badge.  Accordingly, he is entitled to award of the Bronze Star Medal based on award of the CIB.

4.  His records should be corrected to show this award.

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 Bronze Star Medal based on award of the Combat Infantryman Badge;

	b.  deleting the Purple Heart listed on his WD AGO Form 53-98; and 

	c.  adding the Bronze Star Medal and Purple Heart (1st Oak Leaf Cluster) to the FSM's WD AGO Form 53-98.



      _______ _   __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)                                         AR20100000710



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004618



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1