RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 APRIL 2004                  
	DOCKET NUMBER:   AR2003095764

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Robert J. Osborn II		Member	
	Ms. Yolanda Maldonado		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Purple Heart and the POW (Prisoner of War) Medal for her deceased husband, a former service member (FSM).

2.  The applicant states when she discovered the error she went to the Waco, Texas regional office and obtained a copy of her husband's physical examination record.  She states that her husband's records show no evidence of award of the Purple Heart or POW Medal.

3.  The applicant provides a copy of her deceased husband's WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), a copy of his certificate of death, and a copy of his WD AGO Form 100 (Separation Qualification Record).

CONSIDERATION OF EVIDENCE: 

1.  The FSM entered on active duty on 14 March 1941 and served in the Asiatic-Pacific Theater of Operations during World War II.  His WD AGO Form 53-55 shows that he was a tank driver, that his unit of assignment was the 194th Tank Battalion, that he had 4 years and 4 days of foreign service, and that he was discharged at Fort Sam Houston, Texas in the rank of staff sergeant on             15 August 1946.  He was awarded the American Defense Service Medal with one bronze service star, the Asiatic-Pacific Ribbon with two bronze service stars, the Philippine Defense Ribbon with one bronze service star, the Good Conduct Medal, the World War II Victory Medal, seven overseas service bars, one service stripe, and the Distinguished Unit Badge with two oak leaf clusters.    

2.  The FSM's report of physical examination indicates a notation, "Purple Heart." That report shows that he was "WIA.  Mistreatment, Jap POW, 3 1/2 years."  It lists his diseases and injuries – malaria, four times; beri beri, dry, concurrent with malaria; pellagra; scurvy; tropical ulcers; yellow jaundice; malnutrition; dysentery; lost of right testicle; injury of chest.  It indicates that he had a fracture of his right forearm and left ring finger and aching and burning feet and legs.  He was diagnosed as having anxiety reaction, chronic, moderate, manifested by tremor, insomnia, nightmares, and indigestion.  He had severe external stress for            42 months as a prisoner of war.  

3.  Information from the hospital admission cards created by the Office of The Surgeon General show that the FSM was a repatriated prisoner of Japan.

4.  The certificate of death shows that the FSM passed away on 2 May 2001. 

5.  Army Regulation 600-8-22 provides 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.

6.  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 post 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 of war.

7.  The POW Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel who were taken prisoner while engaged in an action against an enemy of the United States.

8.  The Unit Citation and Campaign Participation Credit Register shows that the 194th Tank Battalion was awarded the Philippine Presidential Unit Citation for its actions during World War II.

DISCUSSION AND CONCLUSIONS:

The FSM is entitled to posthumous award of the Purple Heart, the POW Medal, and the Philippine Presidential Unit Citation.  These awards should be presented to his wife, his next of kin.    

BOARD VOTE:

__RWA__  __RJO__  ___YM __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by posthumous award of the Purple Heart, the POW Medal, and the Philippine Presidential Unit Citation to the former servicemember's wife, his next of kin. 

		_____Roger W. Able_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003095764	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040413	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.