MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 February 1999  
	DOCKET NUMBER:   AC98-11936
				   AR1999017373

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

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John Saputo		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his military records be corrected to reflect award of a second bronze arrowhead, a Purple Heart and an Army of Occupation Medal with Japan clasp.

APPLICANT STATES:  He states that he participated in two “beachhead landings” during World War II, the first at Viru Harbor, New Georgia in the Northern Solomon’s and the second at Lingayan Gulf, Luzon, Philippine Islands but notes he only received one bronze arrowhead.  He also states that his unit was among the first to set foot on the Japanese mainland and as such they should receive some sort of recognition even if the Occupation Medal requires 30 days of service in the occupied country.  The applicant states he sustained a wound to his hand “near the end of the battle for the control of the Ipo Dam” and was treated “at [a] house serving as a hospital below the area by the 135th Medical Group....”  In support of his request he submits a statement, dated 
27 January 1997, from another soldier who was at the medical treatment facility where the applicant was a patient “in June, 1945” and an extract from a 1945 newspaper listing him as one of several “Iowans” returning to the United States from overseas in October 1945.  (NOTE:  The Board considered the applicant’s request on 4 February 1999 and, although they voted to deny relief, the Board, by unanimous vote, determined that the applicant’s failure to file within the statutory time limits should be excused.  Hence the applicant’s case has been reconstituted to excuse his failure to timely file.)

EVIDENCE OF RECORD:  The applicant's military records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including documents provided by the applicant.

He entered active duty on 24 September 1942 and arrived overseas in April 1943 where he was assigned to the 103rd Infantry Regiment of the 43rd Infantry Division.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes that the applicant’s entire unit was credited with an assault landing on 9 January 1945 at Lingayen Gulf.  The second platoon of the 103rd Infantry Regiment was credited with an assault landing on 30 June 1943 at Wickham Island.

The applicant returned to the United States in October 1945 and was released from active duty on 22 October 1945 as a result of demobilization.  His WD AGO Form 53-55, which he authenticated, indicates he was awarded a single bronze arrowhead.  It does not reflect entitlement to the Purple Heart and item 
34 (wounds received in action) reflects “NONE.”

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.  The statement submitted in support of the applicant’s request for award of the Purple Heart indicates the author was assigned to the Medical Clearing Group on the island of Luzon from 27 January 1945 until 27 July 1945.  He notes the applicant was a “patient of our Medical Clearing Company” in June 1945 and that they “were surprised and delighted to meet each other under such conditions” because they were from the same town in Iowa.  The author states the applicant “had been wounded while in constant combat for several months against the Japanese prior to our meeting.”  

Army Regulation 600-8-22 also states that the War Department in 1946 established the Army of Occupation Medal.  It was awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to any one of several designated locations, including Japan between 
3 September 1945 and 27 April 1952.  Units authorized occupation credit for designated areas following World War II are reflected in Department of the Army Pamphlet 672-1.  

Army Regulation 600-8-22 also provides that an arrowhead is a bronze replica of an Indian arrowhead denoting participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  A soldier must actually exit the aircraft or watercraft, as appropriate, to receive assault credit.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is attached or assigned at the time of the assault.  Should a unit be denied assault credit, no assault credit will accrue to the individual soldiers of that unit.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The author of the statement submitted in support of the applicant’s request for award of the Purple Heart was not an eyewitness to the circumstances, which resulted in the applicant’s hospitalization, nor is there any medical evidence to support the applicant’s contention that he was wounded as a result of hostile action during World War II.

2.  Department of the Army Pamphlet 672-1 does not indicate that the applicant’s unit was granted occupation credit for Japan and as such there is no basis to award him the Army of Occupation Medal.

3.  There is no evidence the applicant was a member of the second platoon of the 103rd Infantry Regiment which was credited with an assault landing on Wickham Island on 30 June 1943 and as such no bases to award him a second bronze arrowhead.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  __js____  GRANT

________  ________  ________  GRANT FORMAL HEARING

___chl__  __fne___  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11936/AR1999017373	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990217	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107.00		
2.		
3.		
4.		
5.		
6.