IN THE CASE OF: BOARD DATE: 16 February 2016 DOCKET NUMBER: AR20150006040 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests the following: * correction of the military records of her late father, a former service member (FSM), to show he was awarded the Purple Heart * issuance of the Purple Heart medal and all authorized medal sets * a personal appearance before the Board 2. The applicant states: a. Her father was awarded the Purple Heart for wounds he received in action on 27 March 1945 in Luzon, Philippines. This is documented in item 33 (Decorations and Citations) and item 34 (Wounds Received in Action) on their copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge Certificate). Items 33 and 34 of this form were initialed. This form also contains the number "5237184." His records were burned in the fire at the National Personnel Records Center (NPRC) in 1973 and they need to be corrected to show his award of the Purple Heart. The NPRC only has an original copy of his WD AGO Form 53-55 which was issued before the Purple Heart was awarded to him. The fire destroyed the military records pertaining to his award of the Purple Heart. b. She wants to fulfill her father's last wishes and receive duplicate medals for his grandson. He asked her to apply for a duplicate set of his medals since he was unable to apply online via a computer because of his age. He has since died and she is attempting to fulfill his wishes as he requested. 3. The applicant provides copies of the following: * FSM's: * WD AGO Form 53-55 * Honorable Discharge Certificate * TAGO Form 0657 (Authorization for Issuance of Awards) * NPRC Web request * two letters from and to the NPRC * Durable Health Care Power of Attorney * death certificate and newspaper obituary * letter from the NPRC and WD AGO Form 53-55 from the Department of Veterans Affairs (VA) * photographs of him, his medals, and headstone * Her: * birth certificate * Certificate of Baptism * passport * two letters to the VA Evidence Intake Center and the Army Review Boards Agency CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are sufficient bases to waive the statute of limitations. 2. The FSM's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the NPRC in 1973. It is believed his records were destroyed in that fire. However, there was sufficient documentation provided by the applicant for the Board to conduct a fair and impartial review of this case. 3. The applicant provided copies of the following: a. FSM's copy of his WD AGO Form 53-55 showing he was inducted into the Army of the United States on 3 June 1943 and entered on active duty on 17 June 1943. He held military occupational specialty 7533 (Demolition Specialist). He served in the Western Pacific Theater of Operations from 9 December 1944 through 18 January 1946. He was honorably discharged on 15 February 1946. His copy of the WD AGO Form 53-55 lists in: * Item 31 (Military Qualification and Date) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) – 14 May 1944 * Item 32 (Battles and Campaigns) – Luzon and New Guinea * Item 33 (Decorations and Citations) – * Asiatic-Pacific Service Medal * Army Good Conduct Medal * Philippine Liberation Ribbon * American Service Medal * World War II (WWII) Victory Medal * Purple Heart and the handwritten initials "DRH" * Item 34 (Wounds Received in Action) – 27 March 1945 Luzon, Philippines and the handwritten initials "DRH" * Item 39 (Prior Service) – the typed entry "NONE" and the handwritten number "5237184" * Item 55 (Remarks) – WWII Honorable Lapel Button b. A TAGO Form 0657 dated 29 June 1955 showing the FSM was authorized and shipped the following awards: * American Campaign Medal * Asiatic-Pacific Campaign Medal with two bronze service stars and one bronze arrowhead * WWII Victory Medal * Army of Occupational Medal with Japan Clasp * Philippine Liberation Medal with one bronze service star * Philippine Presidential Unit Citation Badge (to be purchased from dealers in military service medals) c. An NPRC Web request dated 20 August 2014 requesting a copy of a signature verification. d. A letter dated 9 October 2014 in which the NPRC advised the FSM of his authorization to and the shipment of the following awards: * Army Good Conduct Medal * American Campaign Medal * Asiatic-Pacific Campaign Medal with two bronze service stars * WWII Victory Medal * Philippine Liberation Ribbon * Honorable Service Label Button – WWII * Marksman Marksmanship Qualification Badge with Rifle Bar e. A letter dated 21 October 2014 in which the FSM advised the NPRC that their 9 October 2014 letter did not show the Purple Heart as an authorized award. f. A Durable Health Care Power of Attorney dated 17 December 2014 in which the FSM appointed the applicant to make or communicate treatment decisions on his behalf if his other daughter was unavailable or unwilling to act. g. A death certificate showing the FSM died on 20 December 2014 and his obituary which lists the applicant's name. h. A letter dated 31 December 2014 in which the NPRC advised the FSM that the record needed to answer his inquiry was not in their files. The files were destroyed in a fire and complete records could not be reconstructed. He was provided a copy of a WD AGO Form 53-55 which they received from the VA. The letter noted the VA copy of his WD AGO Form 53-55 did not list the Purple Heart. Therefore, the NPRC could not award him the medal. He was further advised to obtain his military medical records which might show medical treatment for wounds received in action from the VA and then apply to the ABCMR. i. A WD AGO Form 53-55 provided to the NPRC by the VA which does not list the Purple Heart in item 33 and lists in item 34 the entry, "NONE." 4. Army Regulation 600-8-22 (Military Award) states: a. The Purple Heart is awarded for a wound sustained as a result of enemy action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Announcement of the award will be made in Department of the Army General Orders. b. 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. c. In accordance with Title 10, U.S. Code, sections 1135, 3747, and 3751 all U.S. Army medals are presented at no cost to an awardee. Replacement of medals will be issued on a one-time basis and without charge to the recipient of the military decoration or the immediate primary next of kin of a deceased recipient. Subsequent replacement of medals or service ribbons for individuals not on active duty may be made at cost price. No money should be mailed until instructions are received from the U.S. Army Human Resources Command (HRC) or the NPRC. Requests will be honored from the original recipient of the award, or if deceased, from his or her primary next of kin. The web site for NPRC is http://www.archives.gov. 5. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR), paragraph 2-11, states applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing (personal appearance) whenever justice requires. DISCUSSION AND CONCLUSIONS: 1. With respect to the applicant's request for correction of the military records of her late father to show his award of the Purple Heart, notwithstanding the absence of orders authorizing or awarding the applicant the Purple Heart and the WD AGO Form 53-55 provided by the VA, the FSM's WD AGO Form 53-55 confirms he was wounded in action on 27 March 1945 in Luzon and was awarded the Purple Heart. His records should be corrected to show this award. 2. With respect to issuance of the Purple Heart and all other authorized medals, the applicant may apply to HRC or the NPRC for duplicates of all of her father's authorized medals. 3. With respect to her request for a personal appearance before the Board, by regulation an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not warranted to serve the interest of equity and justice in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X_____ __X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing orders awarding the FSM the Purple Heart for wounds received in action in Luzon on 27 March 1945. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150006040 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006040 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1