MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2000                  
	DOCKET NUMBER:   AR2000036731

	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.  Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Manor		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:  Reconsideration of the earlier appeal to correct the deceased former service member’s (FSM’s) record by awarding him the Purple Heart for a wound sustained on 19 February 1942.

APPLICANT STATES:  The FSM’s daughter contends that  he ultimately died as a result of the wound because he received a contaminated blood transfusion while being treated in an Australian Hospital.  She cites two letters from now retired Admiral Thomas H. M____, U.S. Navy plus a 22 September 1992 letter and an attached casualty roster from the Australian Army.  The applicant contends that the denial of the FSM’s claims that his death was caused as the result of this incident is racism.  A 9 January 1995 letter from the United States Coast Guard states that the FSM’s Merchant Seaman’s File Jacket indicates that qualifying service may have been performed aboard U. S. Army Transport vessels.  A newspaper article reports that veterans benefits had been extended to seaman who served on U.S. merchant ships during World War II.  A letter from the Office of the Chief of Army Reserve states, in part, “It is conceivable that with the letter from Admiral M____ you may have a case in support of the award you seek.”  A letter from the Assistant Secretary of Defense acknowledged receipt of a claim for compensation for an injury sustained while the FSM was in the Merchant Marines.  A note from a California physician dated 11 April of either 1966 or 1988 appears to indicate that the FSM had hepatitis “B” and that the liver cancer might have been secondary to that disease.  An undated hospital admission examination shows the applicant’s grade T-4.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 19 October 1994 (COPY ATTACHED).

The applicant’s submissions are new evidence that require Board consideration.

A 10 August 1961 letter from the United States Immigration and Naturalization Service indicates that the FSM became a naturalized United States citizen on 
24 July 1946.

Admiral M____ writes that on 19 February 1942 his aircraft was shot down by a Japanese strike force.  He and his aircrew were rescued by the “Don Isidro” a merchant ship flying the Philippine flag and under the command of the FSM.  Subsequently, the Japanese sank the “Don Isidro” and “Captain [FSM] was wounded. ”  The ship exploded because it was carrying U.S. Army munitions.   Ultimately, they were rescued and the FSM was hospitalized in Darwin, Australia.

The Australian Army documents identify the “Don Isidro” variously as a “USA Merchant Navy” ship and as a “United States Merchant Marine Steam Ship”.

In a September 1947 application to the VA for compensation or pension the FSM indicated that his military service had commenced 5 May 1942 and that for the 2 years previous to that he had been employed by the Dela Revera Steamship Company of Manila, Philippine Islands. 

The FSM’s death certificate indicates he died on 27 September 1981 of liver cancer.

In 1986 the FSM’s widow applied to the VA for compensation based upon the contention that his death was service connected due to his having received  tainted blood transfusions in Australia.  Such blood transfusions having been necessitated by the fact that he had sustained gunshot or shrapnel wounds during the sinking of the “Don Isidro.”  The record of that VA rating decision noted that the FSM’s 1946 Army medical records indicated that the applicant had reported hospitalization in Australia for a back injury due to dropping a heavy crate on it.  It also noted that there was a record that the ship had been sunk but no indication that the applicant had sustained gunshot or shrapnel wounds.  The VA further noted that there was no record of active military service prior to 
7 August 1942.  It was directed that the widow be furnished a DD Form 2168 so that she could apply to have the FSM’s time aboard the Don Isidro considered as U.S. Merchant Marine service.  There is no indication in the record that a DD Form 2168 was ever submitted. 

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to any member of the Armed Forces or any civilian national of the United States who is wounded by an enemy or while in action against an enemy.

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 FSM’s contribution to this nation by rescuing a Naval aviator who was to have a long and illustrious career is acknowledged.  

2.  However, there is no available evidence that, on 19 February 1942, the applicant was in the United States Armed Forces or that he was a civilian national of the United States on 19 February 1942.  Neither the “Don Isidro’s” cargo of U.S. Army munitions nor its possibility that it was a U.S. Army Transport or a U.S. Merchant Marine vessel would have bestowed either status upon him.  The record clearly shows he joined the Philippine Army on 5 May 1942, the U.S. Army on 7 August 1942 and became a naturalized U.S. citizen in 1946.

3.  Eligibility for benefits administered by the Department of Veteran Affairs is not within the purview of this Board.  Neither is the determination of whether the FSM’s service aboard the Don Isidro qualifies as U.S. Merchant Marine service.

4.  It is irrelevant but there is also no available evidence that the FSM sustained a gunshot or shrapnel wound during the sinking of the Don Isidro or that he received a blood transfusion while hospitalized in Australia.  Admiral M____ has simply stated that he was wounded. He did not indicate the nature of the wound.     

5.  There is no evidence that any decision in the handling of this case is based upon racism. 

6.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

7.  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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jdm__  __ra____   ___cg___  DENY APPLICATION

        Carl W. S. Chun
      Director, Army Board for Correction 
      of Military Records

INDEX

CASE ID	AR2000036731	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.