PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 May 2003                            
	DOCKET NUMBER:   AR2003084369

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler 		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert L. Duecaster		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 he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that his separation document (WD AGO Form 53-55) shows that he was wounded in action, but does not include the PH in the list of earned awards.  In support of his application, he submits a copy of his 
WD AGO Form 53-55, Report of Physical Examination of Enlisted Personnel Prior To Discharge; Release From Active Duty or Retirement (WD AGO Form 38), a sworn affidavit from two former members of his unit, and his discharge certificate. 

4.  The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of his WD AGO Form 53-55 and WD AGO Form 38.

5.  The applicant’s WD AGO Form 53-55 shows that he had prior honorable service from 23 February 1941 to 28 March 1945.  He entered the Army on 
29 March 1945, and that he continuously served on active duty until being honorably separated on 10 July 1946.  It also shows that he held the rank of technician fifth grade on the date of his separation.

6.  The applicant’s WD AGO Form 53-55 also confirms that he served overseas in the Philippines for 1 year, 3 months, and 12 days, and that during his active duty tenure he earned the following awards:  American Defense Service Medal with 1 bronze service stars; Asiatic-Pacific Campaign Medal with 1 bronze service star; Distinguished Unit Badge 2nd Oak Leaf Cluster, Philippine Defense Ribbon with 1 bronze service star; Philippine Liberation Ribbon with 1 bronze service star; and World War II Victory Medal.  The PH is not included in this list of authorized awards.  However, Item 34 (Wounds Received In Action) contains an entry that verifies that he was wounded in action on 12 December 1941, when he received shell fragment wounds to his leg as a result of enemy fire, at Fort Stotsenburg, Pampanga, Philippines Island (PI).

7.  The applicant provides a WD AGO Form 38, which documents a physical examination he took on 21 June 1946.  This document contains an entry that confirms that the applicant was wounded in his left thigh when struck by enemy shell fragments on 12 December 1941, at Fort Stotsenburg, Pampanga, PI. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the PH for wounds received while serving in combat in the Philippines Island, and it finds this claim has merit.  By regulation, in order to award the PH there must be evidence to show that a soldier was wounded in action, that the wound for which a PH is being awarded required treatment, and that this record of medical treatment was made a matter of official record.  

2.  The applicant’s WD AGO Form 53-55 and WD AGO Form 38 both confirm that he was wounded in action on 12 December 1941, when he was struck by enemy shell fragments at Fort Stotsenburg, Pampanga, PI.  Therefore, the Board concludes that this available evidence sufficiently satisfies the regulatory criteria necessary to award the PH, and that it would be appropriate to correct the applicant’s record to reflect this award at this time.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for being wounded in action on 12 December 1941, while serving in Philippines Island; and by providing him a corrected separation document that includes this award.

BOARD VOTE:  

_MDM___  __SAC__  _RLD___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			
		Samuel A. Crumpler 
		  CHAIRPERSON

INDEX

CASE ID	AR2003084369	
SUFFIX		
RECON		
DATE BOARDED	20030508	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2.		
3.		
4.		
5.		
6.