Docket No: 8-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:     
  
Ref:   (a) 10 U.S.C. §1552 
       (b) NDBDM AO 136-19  
 
Encl:  (1) DD Form 149 with attachments 
       (2) Case Summary 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor, filed enclosure (1) with this Board requesting the Purple Heart Medal for smoke inhalation suffered during the bombing of the  on 11 May 1945.  Enclosures (1) and (2) apply. 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 23 September 2019, and pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, applicable statutes, regulations, policies and an advisory opinion from the Navy Department Board of Decorations and Medals (Reference (b)). 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: 
 
     a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

     b. Although enclosure (1) was not filed in a timely manner, it is in the interests of justice to waive the statute of limitations and review the application on its merits. 

     c. Petitioner was inducted in the U.S. Navy and began active duty on 13 August 1943.  On 27 January 1945, he transferred aboard the .  On the morning of 11 May 1945, while supporting the invasion of Okinawa, the ship was struck and severely damaged by two kamikaze planes.  There is no indication in Petitioner’s service record that he was wounded or received medical care.   

     d.  On 10 April 1946, Petitioner was discharged and issued a Notice of Separation from U.S. Naval Service (NAVPERS 553) indicating the following awards: Pacific Theater Ribbon (3) stars, American Theater Ribbon, and Philippine Liberation (1) star. 
     
     e. An advisory opinion (AO) furnished by the Navy Department Board of Decorations and Medals, which was previously provided to the Petitioner without rebuttal, indicated that he is entitled to the following awards: Combat Action Ribbon,  Presidential Unit Citation with one bronze star, American Campaign Medal,  Asiatic Pacific Campaign Medal with one silver and one bronze star, World War II Victory Medal, and the Philippine Liberation Ribbon. 
 
The AO further indicated that the Petitioner is not entitled to the Purple Heart Medal as he did not meet the fundamental requirement criteria for the award.  In order to be entitled to this award an individual’s wounds must necessitate treatment by a medical officer.  The Purple Heart Medal is not authorized in any case where medical treatment was not given.  There is no indication that Petitioner ever sought or received treatment from any medical provider for any injury sustained on 11 May 1945. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, and specifically in light of Reference (b), the Board concludes that Petitioner’s request warrants partial favorable action.  In this regard, the Board concurs with the AO.   
 
The Board finds the existence of an error or injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
Petitioner be issued a DD Form 215 indicating entitlement to the following awards: Combat Action Ribbon, Presidential Unit Citation with one bronze star, American Campaign Medal,  Asiatic Pacific Campaign Medal with one silver and one bronze star, World War II Victory Medal, and the Philippine Liberation Ribbon. 
 
That no further changes be made to the record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 21 November 2018.  
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.