PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 August 2001
	DOCKET NUMBER:   AR2000044919

	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	
	Mr. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Joe R. Schroeder		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, that the following awards be added to his record:  Bronze Star Medal (BSM); Purple Heart (PH); Army Good Conduct Medal (AGCM); American Campaign Medal (ACM); Combat Infantryman Badge (CIB); and the Presidential Unit Emblem.

3.  The applicant states, in effect, that the awards he is requesting be added to his record were never included in his separation document.  He specifically indicates that he was awarded the PH while hospitalized at McCloskey General Hospital, Temple Texas.  

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

5.  The available records include a War Department (WD) Adjutant General Officer (AGO) Form 55 (Honorable Discharge Certificate-Enlisted Record), which was issued to the applicant on the date of his separation.  This document confirms that he was inducted into the Army of the United States on 29 October 1942 and served on active duty until being honorably separated on 1 December 1943.  

6.  The separation document shows that he held the rank of private and that he had been assigned to Company K, 169th Infantry Regiment as a Rifleman.  It also confirms that he served in the Asiatic-Pacific Theater of Operations until returning to the United States 5 October 1943 and as a result earned the Asiatic Pacific Campaign Medal.  The wounds received in action block of his separation document contained an entry that read “Unknown”.  Finally, the WD AGO Form 50 confirms he was discharged on 1 December 1943, as a result of a Certificate of Disability Discharge issued at McCloskey General Hospital.

7.  The available evidence also includes a military record finding report from the National Archives and Records Administration (NARA), dated 22 June 2001, which contains information from hospital admission cards created by the Office of the Surgeon General (OTSG) for the period 1942-1945.  

8.  The OTSG report confirms the applicant was admitted to a medical treatment facility in the Solomon Islands in August 1943 and that his diagnosed condition was Psychoneurosis.  The report also indicated that this condition was not received in the line of duty and had existed prior to his entry on active duty.  The final disposition date listed was December 1943, which confirms this was the basis for his hospitalization at McCloskey General Hospital and for his Certificate of Disability Discharge.  The OTSG report gives no indication that he was a battle casualty or that he was ever wounded or injured in action. 
9.  Also on file is an extract of General Order Number 25, dated 17 October 1944, issued by the 169th Infantry Regiment, which confirms the applicant was awarded the CIB, effective 1 January 1944.  

10.  An Authorization for Issuance of Awards (DA 1577), dated 14 March 1989, issued by the Army Reserve Personnel Center (ARPERCEN), confirms the applicant was issued the BSM, AGCM, Presidential Unit Emblem; Asiatic-Pacific Theater Campaign Medal, World War II Victory Medal, and CIB on that date.  It also indicates in the remarks portion of the form that the applicant was authorized the Philippines Presidential Unit Citation Badge but this award was not an item of issue and could be purchased.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH and states, in pertinent part, that the PH is awarded to any member after 5 April 1917, has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent and specifically that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

12.  Paragraph 3-13 outlines the criteria for the award of the BSM and states, in pertinent part, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders. 

13.  Chapter 4 contains guidance on awarding the AGCM and states in pertinent part that the AGCM is awarded based on the character of service throughout a qualifying period, which shows a soldier willingly complied with the demands of the military environment; was loyal and obedient to superiors; faithfully supported the goals of the organization and the Army.  Paragraph 4-5 defines periods of service which qualify for award of the AGCM and states, in pertinent part, that for the first award a period of 1 year served entirely during the period between 
7 December 1941 to 2 March 1946 is a qualifying period for the AGCM.  

14.  Paragraph 5-11 contains guidance on awarding the World War II Victory Medal and states, in pertinent part, that it is awarded for service between 
7 December 1941 and 31 December 1946.  Paragraph 5-14 contains guidance on awarding the ACM and states, in pertinent part, that it is awarded for service in the American Theater between 7 December 1941 and 2 March 1946.

15.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  The award listing contained in this source publication for the 169th Infantry Regiment, the applicant’s unit, confirms that the unit earned the Philippine Presidential Unit Citation for the period 7 December 1941 through 10 May 1942, which was authorized in GO Number 47, issued in 1950. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his record should include the BSM, PH, AGCM, ACM, CIB, and Presidential Unit Emblem and with the exception of the PH, it finds this claim has merit. 

2.  By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer.  This treatment must be supported by records of the medical treatment for the wound or injury received in action, and must have been made a matter of official record.  However, the OTSG medical casualty record only confirms that the applicant was hospitalized for a condition that existed prior to his entering active duty.  Therefore, the Board finds an insufficient evidentiary basis for awarding the PH.

3.  By regulation, the BSM is authorized for members of the Armed Forces of the United States who, after 6 December 1941, have been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II and that for this purpose the CIB is considered as a citation in orders.  Given the fact that the applicant was awarded the CIB, the Board concludes that it would also be proper to award him the BSM based on this regulatory criteria.

4.  Lacking derogatory information on file that would disqualify him from receiving the award, the Board also concludes that the applicant should be awarded the AGCM for his exemplary conduct, efficiency, and fidelity during his service between 29 October 1942 and 1 December 1943.

5.  In addition, the Board concludes that the applicant is entitled to have the World War II Victory Medal and ACM added to his record based on his World War II service and his service in the American Theater.  In addition, the source publication for unit awards confirms that the applicant’s unit was awarded the Philippine Presidential Unit Citation during his assignment tenure and he is therefore, entitled to have this award added to awards listed in his separation document. 

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned earned the following awards during his active duty tenure:  Asiatic-Pacific Campaign Medal; Bronze Star Medal; Combat Infantryman Badge; Army Good Conduct Medal; American Campaign Medal; World War II Victory Medal; and Philippine Presidential Unit Citation Medal and by issuing him a corrected separation document that reflects these awards.

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

BOARD VOTE:  

__WTM__  __REB__  __JRS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Walter T. Morrison __
		        CHAIRPERSON

INDEX

CASE ID	AR2000044919	
SUFFIX		
RECON		
DATE BOARDED	2001/08/14	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1943/12/01	
DISCHARGE AUTHORITY	Certificate of Disability Discharge 	
DISCHARGE REASON	Disability	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.