ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:       24 April 2019

	DOCKET NUMBER:  AR20160015998


APPLICANT REQUESTS:  Correction of item 34 (Wounds Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), for the period ending 6 November 1945 to show “yes” instead of “none.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Western Union Telegraph with handwritten notes
* WD AGO Form 53-55
* WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge)
* DD Form 214 (Report of Separation from the Armed Forces of the United States), for the period ending 4 September 1950
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 9 November 1957 and 28 February 1962
* Certificate of Retirement
* Letter from Applicant to Spouse with handwritten notes
* Letter of Support from daughter
* Requested Military Awards
* Three photographs

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states item 34 of his honorable discharge for the period ending 
6 November 1945 should read “yes” instead of “none.”  He also requests all military awards which were stolen in a home burglary.  He sent a photograph of him in the Philippines with writing on the back which tells of an injury and hospitalization before being shipped back to the U.S.  He is requesting replacement for awards.  He is 97 years old.
3.  The applicant provides:

	a.  A Western Union Telegram, dated 30 October 1945 in which the applicant writes his spouse a letter stating “Its a long stretch from no mans land back to you but I made it well and safe see you soon love.”

	b.  A Certificate of Retirement which shows he was recognized for retirement from the Federal service on 26 March 1971.

	c.  A photograph, presumably of the applicant, with a handwritten note on it which states that it was taken while in the Philippines.  The back of the photo contains a note to his spouse which states “Pretty good shape after 77 days of cold emergency rations and plenty of fighting.  Just before I went to hospital.  Could hardly walk.  Poor little feller!!”

	d.  Two photographs, presumably the applicant:

* one of his leg while he is in a wheelchair
* one of a zoomed in picture of his leg injury, which states “scar from war injury”

	e.  A letter from the applicant’s daughter in which she states that her father fought in World War II in the Philippines (Luzon).  She and her siblings found a box that belonged to their father while moving him to an assisted living facility.  She is positive that he would not have fabricated the story of being injured during war.  Several of his military decorations were stolen in a home burglary and she listed them all separately.  They are requesting their father receive the Purple Heart before he dies.  They have many artifacts of his time in service, but no proof of his war injury other than the small photograph and the scar on his leg.

	f.  A list of military awards documented and requested.

4.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the Regular Army on 12 May 1941.

	b.  He served in the Pacific Theater of Operations from 7 November 1944 to 
30 October 1945.

	c.  He was honorably discharged from active duty on 6 November 1945.  His WD AGO Form 53-55 shows in:

* item 33 (Decorations and Citations), American Defense Service Ribbon, [World War II] Victory Medal, American Theater Ribbon, Asiatic Pacific Theater Ribbon with two bronze battle stars, Philippine Liberation Ribbon with one bronze battle star, one service stripe
* item 34, None
* item 55 (Remarks), Combat Infantryman Badge, two overseas service bars, Good Conduct Medal

	d.  He entered active duty on 23 January 1946 and was honorably discharged from active duty on 23 January 1949.

	e.  His record contains an award of the Bronze Star Medal memorandum, dated 
24 September 1947.  The memorandum shows he requested the Bronze Star Medal based on having been awarded the Combat Infantryman Badge.  The award request was approved.

	f.  He entered active duty on 23 January 1949 and was honorably discharged on 
4 September 1950.

	g.  He was appointed as a Reserve officer on 23 May 1949.

	h.  He entered active duty on 5 September 1950.  He completed a SF 89 (Report of Medical History) on 1 October 1957.  The report shows “no serious illness or injury while in service.”  He was honorably released from active duty on 9 November 1957.  His 
DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Army of Occupation Medal (Germany).

	i.  He entered active duty on 15 November 1957 and was honorably retired and transferred to the U.S. Army Reserve on 28 February 1962.  His DD Form 214 shows he was awarded or authorized the Good Conduct Medal (Third Award) and a Letter of Commendation.

5.  War Department Technical Manual 12-236 (Preparation of Separation Forms) governed the preparation of appropriate separation forms for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual states that item 34 shows wounds received in action.

6.  By regulation:

	a.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.

	b.  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.  An award of the Combat Infantryman Badge is considered to be a citation in orders.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded there was insufficient evidence from authoritative documents that would corroborate the statements of the applicant and his daughter.  For that reason, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


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.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  AR 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.  

	a.  Examples of enemy-related injuries which clearly justify the Purple Heart:

* Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action
* Injury caused by enemy-placed trap or mine
* Injury caused by enemy-released chemical, biological, or nuclear agent
* Injury caused by vehicle or aircraft accident resulting from enemy fire
* Concussion injuries caused as a result of enemy-generated explosions
* Mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident

	b.  Examples of injuries or wounds which clearly do not justify the Purple Heart:

* Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951)
* Trench foot or immersion foot, heat stroke, battle fatigue, first degree burns, and food poisoning not caused by enemy agents
* Chemical, biological, or nuclear agents not released by the enemy
* Disease not directly caused by enemy agents
* Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action
* Self-inflicted wounds, except when in the heat of battle and not involving gross negligence 
* Post-traumatic stress disorders
* Airborne (for example, parachute/jump) injuries not caused by enemy action
* Hearing loss and tinnitus (for example: ringing in the ears)
* Mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function.
* Abrasions and lacerations (unless of a severity to be incapacitating)
* Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer)
* Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth)

3.  AR 600-8-22 also 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

4.  War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual states that item 34 shows wounds received in action (where and when). 

ABCMR Record of Proceedings (cont)	 AR20160015998


4


1