PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 13 July 2000
	DOCKET NUMBER:        AR1999028070

	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. C. W. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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, in effect, award of the Purple Heart and that he be awarded all awards and decorations to which he is entitled.

3.  The applicant states that he was captured by the Japanese on 6 May 1942 and was held as a Prisoner of War (POW) until September 1945.

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 he entered active duty on 20 May 1941 as a gunner (608).  He served in the Asiatic-Pacific Theater of Operations from 10 July 1941 to 27 September 1945 and was honorably discharged on 26 January 1946.

5.  The applicant’s WD AGO Form 53-55 shows that he was awarded the Good Conduct Medal, the Distinguished Unit Badge with two Oak Leaf Cluster, the American Defense Service Medal, the Asiatic-Pacific Campaign Medal with one
bronze service star, the World War II Victory Medal and the Philippine Liberation Medal with one bronze service star.

6.  The applicant’s AGO Form 01254 (Transcript of Military Record) shows he was awarded the American Defense Medal with foreign service clasp and the
Philippine Defense Ribbon with one bronze service star and the Bronze Star Medal.

7.  A DA Form 1577 (Authorization for Issuance of Awards), dated 4 June 1999, shows the National Personnel Records Center in St. Louis, Missouri, determined the applicant was entitled to the Purple Heart, the POW Medal, the American Campaign Medal, the Army of Occupation Medal for Japan, the Philippine Independence Ribbon and the Expert Badge with Rifle Bar.

8.  The applicant’s AGO Form 01254 does not show the Purple Heart as an authorized award.  Item 28 (Wounds Received in Action) of the applicant’s AGO Form 01254 shows the entry “None”.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

9.  U.S. Total Army Personnel Command Permanent Order 312-01, dated 8 November 1999 awarded the Purple Heart (First Oak Leaf Cluster) to the applicant.

10.  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.
CONCLUSIONS:

1.  The applicant was awarded the Purple Heart (First Oak Leaf Cluster) by Permanent Order 312-01, dated 8 November 1999.  Therefore, he is entitled to correction of his records to show the Purple Heart.

2.  Evidence of record shows that the applicant was a POW in Philippines from
7 May 1942 to 12 September 1945 during World War II; therefore, he is entitled to correction of his records to show that he was awarded the POW Medal.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster) and the Prisoner of War (POW) Medal.

BOARD VOTE:  

JLP_____  MHM___JEA  _____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JENNIFER L PRATER_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028070	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460126	
DISCHARGE AUTHORITY	AR .615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  75		
2.  61		
3.		
4.		
5.		
6.