IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150009768 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 Consideration IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150009768 BOARD DETERMINATION/RECOMMENDATION: 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. ____________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: 24 May 2016 DOCKET NUMBER: AR20150009768 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: a. He was wounded in service for his country. He believes due to this fact he should have been awarded the Purple Heart. He proudly served the United States during World War II (WWII). His records do not show he was wounded. He served in combat operations during numerous battles in the Pacific. He was wounded on Hill 700 in Bougainville during a fierce battle with the Japanese Army. No record was maintained of his wounds even though he was treated at an aid station. After receiving medical treatment removing the shrapnel he was advised by a medic to rest for a short while and then return to battle with his infantry company. The aid station did not keep records due to the fast and furious arrival of the injured men. Men arrived at the aid station with missing limbs and some arrived dead from their combat wounds. The medics did not have time to keep records. b. His unit landed on the island at Empress Augusta Bay sometime around 8 March 1944. From the beach to the mountains it was not bad until they hit Hill 700. This was a very important hill to the Japanese Army because they could observe ongoing enemy activities. His unit made the initial attack up the hill. They cleared the hill by killing several hundred Japanese soldiers. On the third day the Japanese Army made a counter attack and almost wiped out the U.S. forces. During this counter attack his shoulder was knocked out of the socket. He caught 10 pieces of shrapnel in his right arm during a Japanese mortar attack. He jumped into a fox hole for protection. Another Soldier landed on top of him and dislocated his shoulder out of the socket and injured his left testicle. As it was just before dawn he was unable to get to the aid station until the next morning. c. He was in a lot of pain from his injured testicle while on the way to the hospital. He was unable to use his left arm so he returned to the aid station. After receiving medical treatment his shoulder began to feel better. At the time a piece of shrapnel was removed from his arm, iodine was applied, and it was bandaged. He was told to remain seated for about 30 minutes. If there was a record made of this action it was burned in the fire at St. Louis, MO. He still has the scar on his right arm from the shrapnel. He returned home about March or April 1945 and was hospitalized with malaria for about a week and a half. He then returned to his original unit. d. Everything was okay at the time of his discharge. He began having problems with his testicle about 3 years later. He had many problems before it was surgically removed. Sometimes he still has pain in his groin. He feels that he deserves some form of compensation for losing his left testicle, having his left shoulder knocked out of the socket, and receiving shrapnel in his right arm. He feels he deserves a Purple Heart for this. He also contracted malaria and was unable to give his father blood when he needed it. 3. The applicant provides copies of: * WD AGO Form 100 (Separation Qualification Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge Certificate) * letter from his doctor to the Department of Veterans Affairs (VA) * Bronze Star Medal Certificate * Verifying Statement to the VA, letter, note, and three photographs from a former service member 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 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 complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were destroyed in that fire. However, there was sufficient documentation contained in a reconstructed record and those provided by the applicant for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States on 4 March 1943 and entered on active duty on 11 March 1943. At the time of his separation he held military occupational specialty 641 (Wire Chief). He served in the Asiatic-Pacific Theater of Operations (APTO) from 25 September 1943 through an unknown date. He returned to the United States on 12 December 1945. 4. His WD AGO Form 100 shows he served 8 months in the Southwest Pacific Area and supervised the laying of telephone wires within the battalion area. 5. He was honorably discharged on 19 December 1945. His WD AGO Form 53-55 shows in: * Item 6 (Organization) – Headquarters Company, 1st Battalion, 145th Infantry * Item 31 (Military Qualification and Date) – Combat Infantryman Badge * Item 32 (Battles and Campaigns) – Northern Solomons and Luzon * Item 33 (Decorations and Citations) – the AP Service Medal, Philippine Liberation Ribbon, Army Good Conduct Medal, and WWII Victory Medal * Item 34 (Wounds Received in Action) – "None Shown" 6. His reconstructed records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 10 March 1993, awarding him the Bronze Star Medal based on his award of the Combat Infantryman Badge. The form noted the Army Reserve Personnel Center was unable to verify his entitlement to any additional awards other than those already listed on his WD AGO Form 53-55. 7. He provides copies of: a. A letter, dated 18 October 1984, in which his doctor advised the VA that he had been treating the applicant since July 1976 for low back pain presumed to have been incurred in the service. The applicant underwent an orchiectomy (testicle removal) on the left side from a service related injury. b. A certificate, dated 23 October 1994, awarding him the Bronze Star Medal for meritorious achievement in ground combat against the armed enemy during WWII in the APTO. 8. His reconstructed records also contain a letter, dated 30 March 2011, in which the NPRC advised him, in response to his inquiry, that a copy of general orders (GO) or GO number, date, and headquarters that cut the orders was required to verify his entitlement to award of the Purple Heart. 9. He also provides copies of a verification statement to the VA, dated 27 March 2015, in which a former member of his unit stated the applicant was hit by shrapnel during an attack in March 1944 on Hill 700. After the applicant was hit he jumped in a fox hole and dislocated his shoulder. The applicant was evacuated to the first aid station where shrapnel was removed from his arm and leg. His shoulder was put back in place and after a short rest he returned to battle. The aid station treated men as fast as they could and in most cases did not have time to keep records of the individuals treated due to the intense battle conditions. The individual also provided to the applicant an undated birthday greeting letter in which he reminisced about his and the applicant's military service and war experiences, a note about the U.S. Marine Corps in WWII, and three photographs he noted were taken during his service in Bougainville. REFERENCES: 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. 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. Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury, or death must have been the result of enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer. DISCUSSION: 1. Notwithstanding the documentation provided by the applicant and evidence showing he served in combat, there is no official medical or other source documentation which corroborates that he was wounded or injured as a result of hostile action, treated for such wounds, the treatment made a matter of official records, and/or orders authorizing and awarding him the Purple Heart. 2. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action. It is understood that locating evidence to establish that the criteria were met may be difficult after several decades have passed; however, the requirements for this award must be satisfied. 3. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, there is insufficient evidence to support award of the Purple Heart. 4. In making this determination, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009768 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009768 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2