PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                16 December 1998
	DOCKET NUMBER:       AC98-11963
				       AR1998012230

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher 		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		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 award of the Medal of Honor, the Bronze Star Medal and two Purple Hearts.

3.  The applicant states that his records disappeared overseas in 1945 on the island of Luzon in the Philippines.  He states that he never received any medals, especially the Medal of Honor.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show was inducted on 11 February 1942.  He served in the Central Pacific Theater of Operations as a cannoneer from 21 January 1944 to 14 October 1945.  The applicant was honorably discharged on 8 November 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show the Medal of Honor, the Bronze Star Medal or the Purple Heart as authorized awards.  The Board notes the applicant is entitled to the World War II Victory Medal which is not shown on his discharge document.

6.  There is no indication in the records available to the Board that the applicant was received or was recommended for the Medal of Honor or the Bronze Star Medal.

7.  The applicant’s service medical records are available to the Board.  There is no evidence in these records which show the applicant was wounded or treated for wounds resulting from hostile action.  The applicant’s WD AGO Form 53-55 shows “NONE” in item 34 (Wounds Received in Action).  Item 11 of the applicant’s separation medical examination, dated 7 November 1945, requires him to list all “significant diseases, wounds and injuries.”  This item shows no wounds and only that he was hospitalized in March 1945 at the 138th Clearing Station at Luzon for “COMBAT FATIGUE”.  This medical record also does not show any scars of the skin normally associated with wounds.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  The Medal of Honor is awarded by the President in the name of Congress to a person who while a member of the Army distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

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

CONCLUSIONS:

1.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he received or was recommended for the Medal of Honor or the Bronze Star Medal.  Therefore he is not entitled to correction of his records to show these awards.

2.  There is no evidence that the applicant was wounded or treated for wounds as a result of hostile action; therefore, he is not entitled to award of the Purple Heart.

3.  The applicant is entitled to the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the World War II Victory Medal.

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

BOARD VOTE:  

EMW___  LEM_____  CJS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC9811963/AR1998012230	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981216	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.