MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 October 2000                  
	DOCKET NUMBER:    AR2000040166

	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. E. Schnupp .		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Allen L. Raub		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 late father, the former service member (FSM) be awarded the Purple Heart.

APPLICANT STATES:  That the FSM was a prisoner of war (POW) of the Japanese for 40 months and didn’t receive the Purple Heart.

In support of his request, the applicant has provided a copy of the FSM’s Separation Qualification Record (WD AGO Form 100), a copy of his Veterans Administration (VA) Award of Disability Compensation or Pension letter dated 1 October 1946, a copy of the VA beneficiary form letter which reflects that the FSM passed away on 13 May 1960 and a copy of the FSM’s Certificate of Death and the applicant’s Certificate of Birth.

EVIDENCE OF RECORD:  The FSM’s military records were apparently lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents provided by the applicant.

The FSM’s WD AGO Form 100 shows that he entered active service on 20 September 1940 and served in the Pacific Theater of Operations.  He was captured by the Japanese in April 1942 and held as a POW in the Philippines and Manchuria until his release by the Russian Army in August 1945.  He was discharged on 16 May 1946 in the grade of corporal.

There is no evidence in the available records to show that the FSM was wounded as a result of hostile action or was awarded the Purple Heart.  The WD AGO Form 100 contains no reference to wounds or to any awards the FSM may have received.

The VA disability compensation letter furnished by the applicant shows that the FSM was awarded disability compensation effective 17 May 1946 for disability resulting from conditions held to have been incurred or aggravated by war service.  The specific disabilities shown are “(illegible)…on skin, Gland condition, Malaria, Scar on left shoulder, Healed tropical ulcers”.  

The VA benefit letter dated 4 August 1987 indicates that the FSM was deceased as of 13 May 1960 and that his death was due to service in the Armed Forces.  The civilian Certificate of Death confirms the date of death.

Army Regulation 600-8-22, Military Awards, 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 by a medical officer, and the medical treatment must have been made a matter of official record. Further, the Purple Heart may be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual of an affidavit that is supported by a statement from a witness, if this is possible.

During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity.  Injuries sustained while a POW were considered to be the results of war crimes and not of a legal action of war.  War Department policy, at the time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  Subsequent public laws and executive orders provided more latitude with respect to award of the Purple Heart to POW’s, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war.  The issue as to whether this change in policy would be implemented retroactively to POW’s from World War I, World War II and the Korean War was considered several times.  Initially it was decided that the change in policy would not be retroactively implemented.  It was concluded that it would be inappropriate for the Department of the Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership.  However, as part of the National Defense Authorization Act of 1996 Congress authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW, or while being taken captive, in the same manner as a former POW who was wounded on or after that date.

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.  As noted above, having been a POW does not automatically confer entitlement to the Purple Heart.  The individual must be able to show that he was wounded as a result of hostile action during the process of being taken captive or while he was a POW.

2.  While it may be exceedingly difficult for a POW to document injuries suffered at the hands of his captors, information of such injuries is usually apparent at the time of release or is reported by the POW when repatriated and is recorded in his record.  In this case, however, the only record available showing the FSM’s injuries is the DVA disability and compensation letter prepared shortly after his discharge from active duty.  This letter does not reflect the kind of injuries normally associated with having been wounded; rather, the injuries shown appear to be consistent with diseases related to the maltreatment and privation of captivity.  The disabling conditions on which the VA award is based do not meet the standard for award of the Purple Heart.

3.  Unfortunately, there is no evidence available, which shows that the FSM was wounded by hostile fire, wounded while being taken captive or while being held as a POW.  There are, therefore, no grounds to award the Purple Heart.
4.  Notwithstanding the foregoing, the FSM is entitled to the POW Medal.  The Army Review Boards Agency Support Division, St. Louis will be requested to issue the medal to the applicant.

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.

NOTE:  The FSM was deceased before the POW Medal was authorized on 8 November 1985, and there are no records showing whether his next of kin were ever issued the medal, therefore, the Army Review Boards Agency Support Division, St. Louis, Missouri is requested to issue the POW Medal to the applicant.

BOARD VOTE:

________  __alr   __  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___eja  __  ___bfh __  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000040166	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001031	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.  130.00		
3.		
4.		
5.		
6.