IN THE CASE OF:	  

		BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140008265 


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, the son of a deceased former service member (FSM), requests, in effect, his father be awarded a Purple Heart (PH) and have it reflected on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  The applicant states his father was wounded in 1944 or 1945 while fighting on Luzon, Philippines.  His father received a check from the Army each month for being wounded until he died.

3.  The applicant provides:

* WD AGO Form 53-55
* certificate of death
* certificate of live birth
* letter from the National Personnel Records Center (NPRC)
* Standard Form 180 (Request Pertaining to Military Records)
* photocopy of a postcard from the War Department and a news article

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows:

	a.  He was inducted into the Army of the United States on 27 March 1943 and served in the Asiatic-Pacific Theater from 4 October 1943 to 8 December 1945.

	b.  Item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc)) shows the award of the Combat Infantryman Badge (CIB).

	c.  Item 32 (Battles and Campaigns) shows he participated in the battles for Northern Solomons and Luzon.

	d.  Item 34 (Wounds Received in Battle) shows “None.”

	e.  At the time of his separation, he held the rank of Technical Sergeant/ Grade 2.

	f.  He was separated on 29 December 1945.

	g.  Item 33 (Decorations and Citations) shows:

* Asiatic-Pacific Campaign Medal
* Philippine Liberation Ribbon with one bronze service star
* Good Conduct Medal
* Distinguished Unit Badge (General Order 50, June 1944) (now titled the Presidential Unit Citation)
* World War II Victory Medal

4.  Within the available record is a letter from the Regional Office, Veterans Administration (VA), dated 18 September 1946, wherein it states the FSM was awarded service-connected disability compensation of 10 percent for a Nervous Condition and 20 percent for a Nervous Condition and Malaria.

5.  Also in the available record is a U.S. Army Surgeon General Office Hospitalization File Listing - 1944 showing the deceased FSM's Military Serial Number (MSN).  The codes associated with that MSN indicate hospitalization for Appendicitis in 1944, no month specified.

6.  The applicant provides a letter from NPRC which essentially confirms a major portion of Army records dating from 1912 to 1959 were destroyed in a fire.  While they make no mention of the award of a PH, based upon reconstructed records they found the FSM was eligible for the following additional awards:

* Bronze Star Medal (BSM)
* Asiatic-Pacific Campaign Medal with 2 bronze service stars

7.  The postcard provided by the applicant is addressed to the applicant's mother (spouse of the deceased FSM) and simply states application number 2655873 has been approved effective 1 April 1943.  There is no indication to what this approval refers.

8.  The news article states the deceased FSM was awarded the Combat Infantryman Badge, also noted on the WD AGO Form 53-55.

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

	a.  The PH is awarded for a wound sustained 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 BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders for the BSM.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  The Asiatic-Pacific Campaign Medal is awarded for service within the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946.  The regulation authorizes a bronze service star based upon qualifying service for each campaign listed in Appendix B, or listed in item 32 of the WD AGO Form
53-55.  

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the PH requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The FSM's VA rating decision shows he was awarded service-connected disability compensation for two medical conditions:  a Nervous Condition and a Nervous Condition associated with Malaria.  Additionally, the available record shows his father was hospitalized in 1944 for Appendicitis.  None of these medical conditions would meet the criteria for the award of the PH.

3.  There is, therefore, no evidence in the FSM's record that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he 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 insufficient basis for awarding the PH to the FSM in this case.

4.  The evidence shows that the FSM’s records contain administrative errors which do not require action by the Board.  

	a.  The FSM was awarded the CIB and should be entitled to the award of the BSM based on the award of this CIB.  

	b.  His records show he was awarded the Asiatic-Pacific Campaign Medal.  Furthermore, his records show he participated in two campaigns during his service in WWII.  Therefore, he is entitled to two bronze service stars to be affixed to his Asiatic-Pacific Campaign Medal.

	c.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 3 of the BOARD 
DETERMINATION/RECOMMENDATION section below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x____  ___x___   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by his father in service to our Nation.  The applicant and all Americans should be justifiably proud of his father's service in arms.

3.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the former service member concerned by:

* awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge for service in World War II from 4 October 1943 to 
2 September 1945
* adding to item 33 of the FSM's WD AGO Form 53-55 the Bronze Star Medal and two bronze service stars to be affixed to his already-awarded Asiatic-Pacific Campaign Medal



      _______ _  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)                                         AR20140008265





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ABCMR Record of Proceedings (cont)                                         AR20140008265



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