IN THE CASE OF:  	  

		BOARD DATE:  27 August 2015	  

		DOCKET NUMBER:  AR20140021383 


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 when he was transported to a Tokyo hospital for a non-combat injury while serving with the Army of Occupation all of his personal belongings were lost.  Included in those lost records was his personal notification that he would be a Purple Heart recipient.  He requests all avenues be investigated to secure the Purple Heart that he was duly awarded/earned.

3.  The applicant provides:

* a letter, dated 17 November 2014, to his Congressional representative from the National Personnel Records Center (NPRC)
* his WD AGO Form 100 (Separation Qualification Record)

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 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 the applicant's 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.  According to his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) he enlisted in the Army of the United States on 12 April 1944.  His WD AGO Form 53-55 also shows:

   a.  He served in the Asia-Pacific Theater from February 1945 to 31 March 1946.  He participated in the Southern Philippines and Ryukyus Island Campaigns.
   
   b.  He was awarded the Combat Infantryman Badge.
   
   c.  He was awarded the:
   
* Asiatic-Pacific Campaign Medal
* Philippine Liberation Ribbon
* Army Good Conduct Medal
* World War II Victory Medal
   
   d.  Item 6 (Organization) shows his last unit as Company K, 184th Infantry.
   
   e.  Item 34 (Wounds received in action) contains the entry "None."

4.  On 19 April 1946 he was released from active duty.  He complete 2 years and 8 days of active service that was characterized as honorable.

5.  His WD AGO Form 100 shows he served from 12 April 1944 to 19 April 1946. He served with Company K, 184th Infantry in Hawaii, Leyte, Okinawa, Korea, and Japan.  He was a squad leader of a rifle squad and directed the squad in combat and in occupation work.  

6.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the NPRC.  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  

7.  A search of the SGO files shows the applicant was hospitalized for the following non-battle conditions:

* on 3 July 1945 in the Central Pacific for 27 days for anklostomiasis (hookworm infection) 
* on 4 October 1945 in the Central Pacific for 68 days for a fracture, simple, comminuted, with no nerve or artery involvement, radius, shaft 
* on 19 December 1945 in the Central South Pacific for 61 days for fracture, simple, not elsewhere classified, radius, lower extremity

8.  The applicant provided a letter from the NPRC to his Member of Congress dated 17 November 2014.  At that time the NPRC stated the applicant’s records were burned in the fire of 1973 and that no specific record was found during their search to show the applicant was authorized the Purple Heart.

9.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the procedures for preparation of separation certificates and the enlisted record and report of separation.  Item 6 (Organization) of the WD AGO Form 53-55 was to show the last unit, or similar element to which the Soldier was assigned, rather than the element of which the Soldier was a part of while moving to a separation activity.  Assignments to units for the purpose of transferring from the theater to the United States were considered part of the movement to a separation activity.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This pamphlet shows the 184th Infantry was awarded the Philippine Presidential Unit Citation (17 October 1944 - 4 July 1945).

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) states the ABCMR will decide cases on the evidence of record.  It is not an investigative body. 

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart 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, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.

	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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

   c.  The Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive.  
   
DISCUSSION AND CONCLUSIONS:

1.  He requested that all avenues be investigated for his Purple Heart.  The ABCMR decides cases based on the evidence of record and substantive evidence submitted by an applicant.  It is not an investigative body. 

2.  The SGO files do not show that he received any wounds as a result of hostile action.  These files show he was hospitalized three times for non-battle injuries.  Item 34 of his WD AGO Form 53-55 does not show that he received any wounds in action.  He has not submitted any substantive evidence to show he was awarded the Purple Heart.  Therefore, there is insufficient evidence to award him the Purple Heart.

3.  However, he was awarded the Combat Infantryman Badge.  He was discharged prior to the provision that authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge for Soldiers serving during World War II.  Therefore, he is entitled to the award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

4.  He was assigned to the 184th Infantry during the period the unit was awarded the Philippine Presidential Unit Citation.  

5.  Evidence shows that the applicant's records contain administrative error which does not require action by the Board.  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 2 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 determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by:

	a.  awarding him the Bronze Star Medal for meritorious service during the period from February 1945 to 31 March 1946; and

	b.  adding to his WD AGO 53-55 the Bronze Star Medal and the Philippine Presidential Unit Citation.



      _______ _   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)                                         AR20140021383



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ABCMR Record of Proceedings (cont)                                         AR20140021383



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