MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           2 October 2003     
		DOCKET NUMBER:  AR2003086949

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Purple Heart.

APPLICANT STATES:  That he was wounded on Negros Island in the Philippines in May 1945.  In a June 1996 letter to his Congressman available in his reconstructed records, the applicant stated that his right eyelid and temple were ripped open by bamboo in the underbrush as a result of diving for cover as his patrol came under enemy fire.  As a member of an airborne unit, he carried his own medical kit and used the available wound powder to treat himself.  When he returned to his company, he was sent to the rear and was hospitalized with dengue fever and amebic dysentery.  Upon his discharge in May 1946, he was awarded a 10 percent disability pension.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

The applicant enlisted in the Army on 4 January 1944.  His WD AGO Form 53-55 shows he departed the States on 21 January 1945, arrived in the Central Pacific Theater of Operations (CPTO) on an unknown date, departed the CPTO on an unknown date, and arrived in the States on 28 January 1945.  It shows he then departed the States again on 9 February 1945 and arrived in the CPTO on         11 May 1945.

The applicant's WD AGO Form 53-55 shows he departed the CPTO on 11 April 1946 and separated on 22 May 1946.  Item 31 (Military Qualification and Date, (i.e., Infantry, Aviation, and Marksmanship Badges, etc.)) shows he was awarded the Combat Infantryman Badge.  Item 32 (Battles and Campaigns) shows he   was awarded participation credit for the Southern Philippines campaign.  Item    33 (Decorations and Citations) shows he was awarded the World War II Victory Medal, the Asiatic-Pacific Campaign Medal, the Distinguished Unit Badge, the Good Conduct Medal, and the Philippines Liberation Ribbon.

Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry, "NONE."

No Office of The Surgeon General hospital admission report pertaining to the applicant is available.

Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

Army Regulation 600-8-22 provides for the award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  

Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each campaign participation credit.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board has considered the applicant's contention that he injured his right eyelid and temple while in the Philippine Islands in 1945 but notes that he provides no supporting evidence to substantiate his contention.  He stated he was hospitalized for other reasons shortly after he received the claimed wound yet he provides no medical records that may have recorded his wounds.  He states that he was awarded a 10 percent disability pension upon his discharge but provides no contemporary or other Department of Veterans Affairs rating decision that may have verified his wounds.

2.  In the absence of substantiating evidence, the Board concludes there is insufficient basis on which to award the applicant the Purple Heart.

3.  The evidence of record shows the applicant meets the eligibility criteria for award of the Bronze Star Medal based upon his award of the Combat Infantryman Badge.  His WD AGO Form 53-55 should be administratively amended to add the Bronze Star Medal.

4. The evidence of record shows the applicant meets the eligibility criteria to wear one bronze service star on the Asiatic-Pacific Campaign Medal.  His WD AGO Form 53-55 should be administratively amended to reflect this fact.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Board requests that the Army Review Boards Agency Support Division – St. Louis amend the applicant’s WD AGO Form 53-55 by adding the Bronze Star Medal and by showing he is eligible to wear the Asiatic-Pacific Campaign Medal with one bronze service star.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__kan___  __le____  __jtm___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003086949	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.