IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150008742 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Discussion IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150008742 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the ARBA CMD administratively correct the records of this individual by amending his WD AGO Form 53-55 with a separation date of 15 November 1946 to show he was awarded the Bronze Star Medal. _____________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. IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150008742 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 award of the Purple Heart. 2. The applicant states he was disabled due to a back injury, eye injury, hearing loss, and shrapnel to his head. He was blinded and spent 2 weeks in the hospital. His post-traumatic stress disorder (PTSD) was never treated. 3. The applicant provides: * WD AGO form 100 (Separation Qualification Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), with a separation date of 15 November 1946 * a letter, dated 10 May 2015, from WJL, Ph.D., to the Department of Veterans Affairs (VA) * a letter, dated 11 May 2015, from his daughter to the VA * marriage certificate (unreadable) * a photograph * VA Form 21-0845 (Authorization to Disclose Personal Information to a Third Party) * VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits) CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code (USC), 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 provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case 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 insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military personnel records were lost or destroyed in a fire at the National Personnel Records Center (NPRC) in 1973. The records available to the ABCMR were provided in part by the applicant and some were obtained from alternate sources, which are sufficient for the Board to conduct a fair and impartial review of this case. The primary record available to this Board is the applicant’s WD AGO Form 53-55. 3. On 6 October 1944, the applicant was inducted into the Army of the United States and entered active duty on the same date. 4. A health record research project, commonly referred to as the "SGO Files," involved transposing the hospital admission card data from the periods of World War II and the Korean War onto magnetic tape. These files show the applicant was admitted to the hospital Camp Roberts, CA, in November 1944, as a result of a reaction to typhoid and a paratyphoid vaccine. The date of his release is not shown, but he was released and returned to duty. 5. He arrived in the Asiatic-Pacific Theater of Operations (APT) on 1 March 1945. He departed the APT on 27 August 1946, and he returned to the continental U.S. on 11 September 1946. 6. On 15 November 1946, he was released from active duty due to demobilization. 7. Item 31 (Military Qualification and Date) of his WD AGO 53-55 shows that he was awarded the Combat Infantryman Badge on 22 May 1945. He participated in the Ryukyus Campaign. 8. Item 34 (Wounds Received in Action) of his WD AGO 53-55 contains the entry "None." 9. His WD AGO 53-55 does not show he was awarded the Purple Heart or the Bronze Star Medal. 10. The applicant provided a letter, dated 10 May 2015, from WJL, Ph.D., counseling psychologist at the Psychology and Personal Development Center in San Diego, CA addressed to the VA. Dr. WJL indicated: a. The purpose of his letter was to document the applicant's service related disabilities that had yet to be fully addressed and provide a formal request for award of the Purple Heart for wounds he received as a result of his exceptional courage and bravery in combat. b. The applicant was primarily stationed in the Philippines, but is distinguished by his combat record in the assault on Okinawa. He was one of the few survivors in his company, being left for dead and having to elude the Japanese military to return to his own lines. c. The applicant displayed heroism by his direct action to rescue three Marines who were captured on Okinawa. The rescue was conducted by him and a squad member, taking them behind enemy lines to secure the release of the captured Marines. He repeatedly put his own wellbeing at risk in the face of enemy fire, eventually being wounded by an enemy artillery blast that left him blind and with shrapnel contusions to the head and body. His wounds resulted in hospitalization and medical treatment for 2 weeks. d. In other action, the applicant sustained a back injury attempting to relocate food boxes within close proximity combat with enemy troops. Following the successful Okinawa operation the applicant was detailed to the Philippines for one additional year of service following the war before his honorable discharge on 15 November 1946. e. The remainder of the letter addresses the applicant's service related disabilities, including PTSD, as they pertain to disability compensation from the VA. 11. The applicant provided a letter, dated 11 May 2015, from his daughter to the VA. His daughter indicated: a. Her father's records were burned in the fire in 1973 (at the NPRC) causing much confusion to him never receiving any confirmation of his military action, until the last few months. b. She asks that her father be considered for the Purple Heart and the Medal of Honor. REFERENCES: 1. Title 10, USC, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 2. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. 3. Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded citizens of the United States serving with the Army, who are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. This regulation stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. 4. Army Regulation 600-45 (Decorations), dated 22 September 1943, stated the “Medal of Honor is awarded, in the name of Congress, to each person who, while an officer, noncommissioned officer, or private of the Army, in action involving actual conflict with an enemy, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty. The individual must have performed in action a deed of personal bravery or self-sacrifice above and beyond the call of duty, so conspicuous as to clearly distinguish him for gallantry and intrepidity above his comrades involving risk of life or the performance of more-than-ordinarily hazardous service, the omission of which would not justly subject the person to censure for shortcoming or failure in the performance of his duty. The recommendations for the decoration would be judged by that standard of extraordinary merit and incontestable proof of the performance of the service would be extracted." 5. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. DISCUSSION: 1. While the available evidence is insufficient for awarding the applicant the Medal of Honor, this in no way affects the applicant’s right to pursue his claim for the Medal of Honor by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 2. The applicant's WD AGO 53-55 does not show he received any wounds in action. Due to the fire in 1973 at the NPRC there are no other records to show he received any wounds in action. 3. The veracity of the applicant's claims are not in question. However, there is no documentary evidence in the form of military records that corroborates his statements. 4. In the absence of military records which show the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. 5. The applicant was discharged prior to the provision that authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge. He meets the criteria for award of the Bronze Star Medal based on his Combat Infantryman Badge. Administrative correction of the applicant's records may be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008742 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008742 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2