PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                12 May 1999
	DOCKET NUMBER:        AR1998012820

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. James E. Alderholm		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, as the widow of a deceased former service member (FSM) that her late husband be awarded the Purple Heart and any other awards to which he is entitled. 

3.  The applicant states that the FSM sustained shrapnel wounds to his eyes, face, etc, as a result of injuries incurred in service while in the Aleutian Islands.  She also states that the FSM spent three weeks in the hospital at Dutch Harbor, Alaska, in 1944.  In support of her application, the applicant submitted a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 27 June 1997, a copy of the FSM’s WD AGO 53-98 (Certificate of Service), a 29 March 1946 letter from the Veterans Administration (VA) to the FSM regarding vocational rehabilitation, a copy of a 29 March 1946 VA letter awarding the FSM a disability pension, a blank form entitled “Notice of Entitlement to Treatment”, an undated Standard Form 89 (Report of Medical History), a note from the applicant which states “You will note in the paragraph (2) below he [the FSM] spent 3 weeks in hospital at Dutch Harbor, Alaska due to injuries sustained to eyes, face, etc as a result of shrapnel exploding”., a 21 May 1995 note from the applicant regarding the FSM’s officer training, a 10 November 1987 letter from the Military Order of the Purple Heart to the FSM, a 3 June 1943 from the commander of the 206th Coastal Artillery recommending the FSM’s promotion to first lieutenant, a 14 November 1944 letter recommending the FSM be evaluated for the rating of “Superior Instructor”, and a 21 March 1946 letter from a General Officer advising the FSM that he was awarded the Army Commendation Ribbon. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM attended Officer Candidate School and entered active duty on 16 October 1942.  He served in the Aleutian Islands (Asiatic-Pacific Theater) from 7 December 1942 until 26 March 1944 in a coastal artillery unit and was relieved from active duty in the rank of captain on 15 January 1946 due to demobilization.  His WD AGO Form 53-98, which is signed in his own hand, does not show the Purple Heart as an authorized award.

5.  The 29 March 1946 VA letter, which awarded the FSM a disability pension, shows that the pension was based on conditions incurred or aggravated during World War II service “Rt [right] knee, scars face, rt [right] arm, and legs and eye condition”.  In item 40 (Physician’s Summary) of the undated SF 89 provided by the applicant, there is a comment which states “In 1944 spent three weeks in hospital at Dutch Harbor Alaska- on discharge drew 40% disability, later this was reduced to 10% which he now draws”.  There is no information which shows the FSM’s injuries were sustained as a result of hostile action.

6.  The FSM’s WD AGO Form 53-98 shows that he is entitled to the Asiatic-Pacific Service Medal.  His discharge also shows he received credit for participation in the Aleutian Islands Campaign based on War Department General Order 33, dated 1945.

7.  The Commanding General of Army Ground Forces Replacement Depot Number 1 at Camp Pickett, Virginia, authorized award of the Army Commendation Ribbon (now called the Army Commendation Medal) to the FSM based on his meritorious service from June 1945 to 15 October 1945.  This award is not shown on the FSM’s discharge document.

8.  The FSM’s WD AGO Form 53-98 shows that he served in the continental United States for 1 year, 10 months and 15 days.  

9.  Army Regulation 600-8-22 provides, in pertinent part, that 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.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or authorized by General Orders as listed on the discharge document.  The regulation states that authorized bronze service stars will be worn on the appropriate service medal which includes the Asiatic-Pacific Service Medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

CONCLUSIONS:

1.  There is no evidence of record available to the Board which shows that the FSM was awarded the Purple Heart and the FSM signed his discharge document which attested to the fact he was not entitled to the Purple Heart.  

2.  The Board noted the VA letter indicating the conditions resulting in the FSM’s disability pension and the document showing he was hospitalized at Dutch Harbor, Alaska.  However, there is no evidence the FSM received injuries or wounds as a result of hostile action during World War II.  In the absence of any evidence showing the FSM was wounded or injured as a result of hostile action, the Board has determined that he is not entitled to award of the Purple Heart.

3.  The FSM served in the Aleutians Island Campaign in the Asiatic-Pacific Theater; therefore, he is entitled to correction of his records to show award of the Asiatic-Pacific Service Medal with one bronze service star.

4.  Evidence of record shows the FSM was awarded the Army Commendation Ribbon (now known as the Army Commendation Medal) for meritorious service during the period June 1945 to 15 October 1945; therefore, he is entitled to correction of his records to show award of the Army Commendation Medal.

5.  The FSM served a period of qualifying service during World War II for award of the American Campaign Medal; therefore, he is entitled to the American Campaign Medal and correction of his records to show this award.

6.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the FSM was awarded the Asiatic-Pacific Service Medal with one bronze service star, the Army Commendation Medal, and the American Campaign Medal.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

GDP____  AAO____  JEA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		CHAIRPERSON

INDEX

CASE ID	AR1998012820	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990512	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460115	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.