PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:          21 December 2000
	DOCKET NUMBER:  AR2000041600

	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. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz Jr.		Member	
	Ms. Gail J. Wire		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 correction of his records to show that he was missing in action and not absent without leave (AWOL) from his unit.  He also requests that his records be corrected to show a gunshot wound to his left wrist instead of “scar left wrist.”

3.  The applicant states, in effect, that he has had on-going stomach problems since 1945.  Even though the applicant states that Department of Veterans Affairs (DVA) records support his contentions, he has provided no DVA records.

4.  The applicant’s military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  The limited information herein was obtained from alternate sources.

5.  The available records show that the applicant was inducted into the Army of the United States on 19 August 1943.  He served in military occupational military specialty MOS 610 (Antitank Cannoneer).  He served in the Pacific Theater from 20 April 1944 through 16 November 1945.  His battle and campaign credit includes the Northern Solomons and the Southern Philippines.

6.  Information obtained from the Office of the Surgeon General, Department of the Army hospital admissions cards show that on 10 April 1945, the applicant was treated for a battle injury.  He received a “fracture, compound, comminuted with no nerve or artery involvement, radius lower extremity.”  “Fracture, compound closed with treatment, splints/casts or fracture with bone fragment removal and cast.”  The available records do not show that he received a wound to the left wrist as a result of a gunshot or that he received any type of injury to his stomach.  However, hospital admissions cards do state that his “duty includes AWOL.”  The available records do not show that he was ever AWOL or that he was ever missing in action. 

7.  His WD AGO Form 53-55 (Honorable Discharge) shows that he was discharged on 7 December 1945.  He had completed 2 years, 3 months and 
19 days of active military.  His WD AGO Form shows no recorded lost time.

8.  His WD AGO Form 53-55 also shows that on 10 April 1945, he was wounded while serving in the Pacific Theater and that he received the Purple Heart as a result of one battle wound, presumably to his leg.

9.  His WD AGO Form 53-55, shows that besides the award of the Purple Heart, he was awarded the Good Conduct Medal, the Asiatic Pacific Campaign Medal, the World War II Victory Medal, the Combat Infantryman’s Badge (CIB), the Bronze Service Arrowhead-Pacific Theater of Operations (for participation in an amphibious landing), the Philippine Liberation Ribbon with 1 bronze service star (BSS), the Honorable Service Lapel Button and the Expert Badge with Rifle Bar.

10.  On 29 April 1999, the National Personnel Records Center, St. Louis issued a DA Form 1577 (Authorization for Issuance of Awards) that show the applicant was entitled to receive one Bronze Arrowhead, the Bronze Star Medal (BSM) and two bronze service stars (BSSs) for wear on the Asiatic-Pacific Campaign Medal.

11.  However, the applicant’s WD AGO Form 53-55 does not show award of the BSM and the BSS for wear with the Asiatic-Pacific Campaign Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 
1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

13.  Army Regulation 600-8-22 also 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.

14.  Further, that regulation in pertinent part, authorizes award of a BSS, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSSs will be worn on the appropriate service medal.

15.  A further review of the applicant’s records and the campaign register for World War II (WWII) shows that his unit, the 132d Infantry Regiment, 24th (Americal) Infantry Division was entitled to award of the Army of Occupation Medal (AOM), Japan and the Philippine Presidential Unit Citation (PUC).  Headquarters Department of the Army General Orders Number 47, dated 1950, awarded the applicant the PUC for his service from 17 October 1944-4 July 1945.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  Qualifying service for the Berlin clasp is from 9 May 1945 and 2 October 1990.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Philippine Presidential Unit Citation (PUC) was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 
17 October 1944 to 4 July 1945, inclusive.  Not more than one Philippine Republic PUC will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 31st Infantry Regiment was awarded the Philippine Republic PUC by Department of the Army General Order Number 47 in 1950.

CONCLUSIONS:

1.  The Board concludes that there is insufficient evidence to show that the applicant was ever missing in action or that he was AWOL while he was in the Army.  Therefore, since no official entries were made on the records that are available to the Board concerning these matters, no corrections are warranted.

2.  Additionally, there is no evidence available to support the applicant’s contention that he received an injury to his wrist as a result of hostile action.  He only received a combat related injury to his lower extremities for which he has already been awarded the Purple Heart.

3.  Therefore, he is not entitled to a second award of the Purple Heart.

4.  However, he is entitled to correction of his military record to show award of the BSM since he earned the Combat Infantryman’s Badge.  He is entitled to the Army of Occupation Medal (AOM) (Japan) and the Philippine PUC.  Based on the determination of the National Personnel Records Center, St. Louis, he is also authorized two BSSs for wear on his Asiatic-Pacific Campaign Medal.

5.  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 and that the individual concerned be furnished a DD Form 215 (Correction to DD Form 214) to show he was awarded the BSM, the Philippine PUC, the AOM (Japan) and two BSSs for wear on the Asiatic-Pacific Campaign Medal.

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

BOARD VOTE:

___kak__  __ewl____   __gjw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Karol A. Kennedy__
		        CHAIRPERSON

INDEX

CASE ID	AR20000041600	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	200001221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.