PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:        4 November 1998       
	DOCKET NUMBER:   AC98-11285

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr.  James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including advisory opinion, 
	            if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his military records be corrected to reflect award of the Bronze Star Medal and the Purple Heart.  He states he sustained a shrapnel wound to his right calf while in Czechoslovakia and was awarded the Bronze Star Medal in 1953 after his separation from active duty.

3.  The applicant’s military personnel records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information submitted on documents provided by the applicant indicate he entered active duty on 20 January 1944 and served in the European Theater between February 1945 and April 1946.  He was released from active duty on 4 May 1946 as a result of demobilization.  He was awarded the Combat Infantryman Badge as a result of his duties during World War II.

4.  His WD AGO Form 53-55 (report of separation), which he authenticated, does not reflect entitlement to the Purple Heart or Bronze Star Medal and item 44 (wounds received in action) reflects “NONE.”

5.  Subsequent to his separation, in January 1953, he was awarded the Bronze Star Medal for meritorious achievement.  Award of the Bronze Star Medal based on an award of the Combat Infantryman Badge during World War II was authorized in 1947.  Such awards are commonly referred to as conversion awards.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Bronze Star Medal in 1953 and as such is entitled to have the award reflected on his records. It is likely the Bronze Star Medal was awarded as a conversion award based on his Combat Infantryman Badge awarded during World War II.

2.  There is, however, no evidence, and the applicant has not provided any, which confirms he was ever wounded as a result of hostile action and as such there is no basis for award of the Purple Heart.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal in 1953 based on his meritorious achievement during World War II.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

___JEV_  __LLS___  __TNK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON