ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20190009509 APPLICANT REQUESTS: on behalf of his father, a former service member (FSM), award of the: * Purple Heart * Army Good Conduct Medal (3rd Award) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 29 April 2019 * War Department (WD) Adjutant Generals Office (AGO) Form 53-55 for the period ending 13 January 1946 * Veterans Administration (now Department of Veterans Affairs (VA)) Form FL 8-38 (Award of Disability Compensation or Pension (Service Connected)), dated 5 May 1948 * Office of Health Services and Environmental Quality, Vital Records Registry, State of Louisiana, Certificate of Death, dated 18 May 1984 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 (ABCMR) 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 his father: a. should be awarded the Purple Heart for a wound he received to his right middle finger. b. should be awarded the Army Good Conduct Medal (3rd Award) for every year he fought during World War II. 3. The FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. These records consist of files provided from a partial reconstructed record by the National Archives and Records Administration and/or National Personnel Records Center, and the VA. 4. On 8 September 1942, the FSM was inducted into the Army of the United States. 5. The FSM served in the Asiatic-Pacific Theater of Operations during World War II from 11 May 1944 through 14 December 1944. 6. On 13 January 1946, the FSM was honorably discharged following 3 years, 4 months, and 6 days of active duty service. His WD AGO Form 53-55 shows in: a. item 32 (Battles and Campaigns): * East Indies * New Guinea * Luzon b. item 33 (Decorations and Citations): * American Theater Campaign Medal * Asiatic-Pacific Campaign Medal with two bronze stars * Philippine Liberation Ribbon with bronze star * Army Good Conduct Medal * World War II Victory Medal c. item 34 (Wounds Received in Action) – none. d. item 36 (Service Outside the Continental United States and Return): * on 30 March 1944, the FSM departed the Continental United States and arrived in the Asiatic-Pacific Theater of Operations on 11 May 1944 * on 14 December 1945, the FSM departed the Asiatic-Pacific Theater of Operations and arrived in the Continental United States on 30 December 1945 7. The applicant provided a copy of the FSM's VA award of disability compensation or pension determination, dated 5 May 1948, that shows he was granted compensation beginning 18 March 1948, "on account of disability resulting from the following conditions held to have been incurred or aggravated by war service: malaria, wound right middle finger, and pharyngitis." 8. The FSM's available records are void of orders showing he was awarded the Purple Heart. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board reviewed the available records and found no evidence indicating the FSM's right middle finger was wounded as a result of hostile action, nor did the Board find evidence of any medical treatment he received for the wound. The Board concluded that there is insufficient evidence to confirm the FSM was entitled to the Purple Heart. 3. During the period the FSM served, the periods of service of qualifying service for the Army Good Conduct Medal were each 3 years completed on or after 27 August 1940 or, for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946. These criteria were designed to allow commanders to give only the first award of the Army Good Conduct Medal to Soldiers who served for less than the normally required 3 years through no fault of their own. During this period, if a Soldier served for a full 3 years, that Soldier was eligible for one award of the Army Good Conduct Medal. The Board agreed that the FSM's service of approximately 3 years and 4 months made him eligible for only one award of the Army Good Conduct Medal based on the first 3 years of his service. He would not have been eligible for additional awards of the Army Good Conduct Medal until he had completed subsequent 3-year periods of qualifying service. 4. The Board wishes the applicant to know that the recommendation to deny relief in this case in no way diminishes the FSM's honorable service to our Nation during a time of war. 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 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. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. It provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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 a medical officer, and the medical treatment must have been made a matter of official record. b. The Army Good Conduct Medal is awarded to on a selective basis to Active Component and Active Guard Reserve enlisted Soldiers who distinguish themselves from among their fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009509 4 1