IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160017491 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: 22 August 2018 DOCKET NUMBER: AR20160017491 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: 22 August 2018 DOCKET NUMBER: AR20160017491 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 combat and he did not receive the Purple Heart. He desires closure before he dies. He is a 91-year old veteran of World War II. b. During his service from 3 March 1944 through 17 April 1946, he was attached to 2nd Battalion, 19th Infantry Regiment, and he was part of the Philippine Liberation Campaign. He was wounded during this campaign by mortar attack that also killed his commanding officer, Captain A___. c. He desires the Army to investigate this matter to establish that he had been wounded and treated for a battle injury and he be awarded the Purple Heart for his combat injury and as proof for his records. d. At Mindanao/Luzon Leyte Island, Philippines, Captain A___ gave an order to "take this Hill." The group encountered heavy combat opposition from the enemy half way up the hill. A big explosion was heard and someone yelled out, "they killed the Captain." At the same time, he felt a strong hit on his right leg. He looked down and saw that his leg was bleeding. The same mortar explosion that killed his Captain also hit his leg. He then heard someone yelling, "retreat." As he was retreating, he saw his buddy (T___) on his back and he was not moving at all. He leaned forward to try and hear what he was trying to say, but all was doing was moving his lips. e. He took hold of the Soldier's combat pack suspenders and when he put his head on the back of his head to lift him, he felt a hole in the back of the Soldier's head. He called for a medic to care for his buddy. The medic observed his leg and sent medical personnel to help him. He was hauled to the nearest transportation and taken to the air strip. f. The wounded were then taken by plane to Mindanao Hospital. The doctor who saw him examined him inquired about his injury and he informed the doctor he had been injured by mortar shrapnel. g. To his knowledge, no report was made about his wound by hospital personnel. h. His unit was at Luzon, Philippines, when the war ended and when they left, they were taken to Fort Douglas, Utah. He recalls a major assembling all the wounded and giving a lecture, which ended with him informing the group about filing a report about the wounds for the record before discharge. He and a few other Soldiers did not want to stay around and wanted to return home. No report of the battlefield injury was made. 3. The applicant provides: * Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim), dated 6 October 2016 * War Department General Orders Number 21, dated 30 March 1945 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 records were damaged in a fire, which occurred on 12 July 1973 at the National Personnel Records Center. The case is being considered with the recovered portion of records provided by the National Personnel Records Center and documents provided by the applicant. 3. The applicant was inducted into the Army of the United States on 3 March 1944. 4. He provided a copy of War Department General Orders Number 21, dated 30 March 1945, that shows battle honors awarded to 2nd Battalion, 19th Infantry Regiment, for conspicuous gallantry and accomplishment of an extremely hazardous mission in action against armed Japanese military forces in the Leyte Island operation of the Philippine liberation campaign during the period 10 through 23 November 1944. 5. His Form 52b (Medical Department), dated 5 July 1945, that shows: a. he was assigned to Company E, 19th Infantry Regiment, b. he was tagged at the 2nd Battalion Aid Station, 19th Infantry Regiment, with a diagnosis of ulcers, acutem right leg, cause undetermined; c. his conditions occurred in the line of duty, d. his disposition shows 30th Evacuation Hospital (Semi-Mobile), Davao, Philippine Island, e. he was received at the 30th Evacuation Hospital (Semi-Mobile), Davao, Philippine Island, on the same date and he was given the diagnosis of: ulcers, acute, right leg, severe, cause undetermined; and ecthyma, pustular, hands, severe, cause undetermined, f. his conditions occurred in the line of duty, and g. he was returned to duty on 15 August 1945. 6. His War Department Adjutant General's Office Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 16 April 1946, does not list any wounds or injuries 7. On 17 April 1946, he was honorably discharged. His War Department Adjutant General's Office Form 53-55, shows in: a. item 31 (Military Qualification and Date), he was awarded the Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar, b. item 32 (Battles and Campaigns), he was credited with the Southern Philippines (Liberation) Campaign, c. item 33 (Decorations and Citations), he was awarded or authorized the – * American Campaign Medal * Asiatic-Pacific Campaign Medal * Philippine Liberation Ribbon * Army Good Conduct Medal * World War II Victory Medal d. item 34 (Wounds Received in Action), contains the entry, "None," e. item 36 (Service Outside Continental U.S. and Return) – * he departed the U.S. on 25 September 1944 and he arrived in the Asiatic-Pacific theater on 13 October 1944 * his departure from the Asiatic-Pacific theater was unknown and his return to the U.S. was on 12 April 1946 REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that: a. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record. b. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member’s medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * 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 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Award of the Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by medical personnel * documentation of the wound in official records 3. His records are void of medical evidence showing he was injured as a result of hostile action. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017491 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017491 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2