PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 June 2000      
	DOCKET NUMBER:   AR2000042170

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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, two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

3.  The applicant states, in effect, that he incurred injuries while a prisoner of war (POW) in the Philippines.  He contends that he sustained a gunshot wound to his left hand during the battle of “Buka Hacienda” on the Bataan peninsula in the Philippines on or about January/February 1942.  He also contends that he sustained a concussion outside “Malinta Tunnel” on the Island of Correigedor in February 1942.  In support of his application, he submits a VA Form 21-4138 (Statement in Support of Claim), dated 30 September 1999; a NA Form 13075 (Questionaire About Military Service), dated 15 January 2000; a NA Form 13018 (Reply to NPRC Inquiry), dated 30 September 1999; and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).  

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 13 July 1941.  He served as a mess sergeant in the Asiatic-Pacific Theater from July 1941 to 16 September 1945 and was honorably discharged on 23 January 1946. 

5.  The applicant’s discharge document, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

6.  There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 states “None”. 

7.  The applicant’s discharge document shows that he was a POW from 6 May 1942 to September 1945.

8.  U.S. Army Reserve Personnel Center Permanent Orders 3-1, dated
7 November 1985, show the applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement in ground combat.  These awards are not shown on his discharge document.     

9.  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, and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

10.  During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity or while being taken captive.  These injuries were considered to be the result of war crimes and not the result of a legal action of war.  War Department policy, at that time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, 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 prisoners of war 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 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 (NDAA) of 1996 Congress authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner or war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Prisoner of War (POW) Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.
  
CONCLUSIONS:

1.  The Board noted the applicant’s contention that he incurred two injuries while a POW in the Philippines.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action or that he was wounded while held as a prisoner of war or while being taken captive during World War II.  Therefore, the applicant is not entitled to any award of the Purple Heart.  

2.  Evidence of record shows the applicant was a POW from 6 May 1942 to September 1945; therefore, he is entitled to correction of his military records to show the POW Medal. 

3.  The applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster); therefore, he is entitled to correction of his military records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
RECOMMENDATION:

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

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

BOARD VOTE:  

JHL_____  JNS____  MHM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042170	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460123	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.