PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               28 October 1998 
	DOCKET NUMBER:       AC98-06070

	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.  The following members, a quorum, were present:

	Mr.			Chairperson	
	Mr.			Member	
	Mr.			Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Mr.	Hubert S. Shaw, Jr.		Analyst	

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

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 Purple Heart.

3.  The applicant states he sustained a shrapnel wound to the right knee, but was not awarded the Purple Heart.  He states that he is 75 years old and would “dearly love” the award.  He states that he does not want any additional compensation.  The Disabled American Veterans, as counsel for the applicant, requests that he be afforded all relief warranted by the evidence of record.

4.  The applicant’s military personnel records were destroyed or lost in the National Personnel Records Center fire of 1973; however, the applicant’s medical records are available and appear complete.  Personnel records available to the Board were obtained from alternate sources and show that the applicant served in the National Guard prior to his enlistment in the Army on 6 December 1940.  He completed training as a heavy weapons crewman and served in the Asiatic-Pacific Theater from 26 February 1942 to 26 March 1943.  On 26 September 1945 the applicant was honorably discharged.

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 Purple Heart as an authorized award and shows “None” under wounds received in action.  The Board notes that the applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge (CIB) and the World War II Victory Medal which are not shown on his WD AGO Form 53-55.

6.  There is no evidence that the applicant was awarded the Purple Heart.  The applicant’s medical records do not indicate that he was wounded or treated for wounds due to hostile action.  The applicant did not state that he was wounded in item 11 (List all significant, diseases, wounds and injuries) on his separation medical examination, dated 25 September 1945.  This examination also does not show any record of injuries or scars at all.  The applicant’s records contain an application for compensation for disability resulting from active service, which is signed in his own hand and in which he seeks compensation for malaria and jaundice, but no wounds or injuries.  A Veterans Administration (VA) rating, dated 28 April 1947 and based on a physical examination, shows a 10 percent rating for malaria, “No combat disability, and that he was represented by the Veterans of Foreign Wars.  The applicant filed supplemental claims for disability which were adjudicated on 17 July 1947 and 4 October 1948.  These claims make no reference to wounds or result in compensation for wounds.

7.  The applicant was x-rayed for a shrapnel wound of the right knee on 9 December 1954.  The examination report, dated 10 December 1954 states that there was increased density at the head of the fibula attributable to “exostosis” (a bony growth projecting outward from the surface of a bone).  Attached to the this report of examination are four witness statements, all dated in June 1954, from fellow soldiers who claim to have served with the applicant.  One statement is from the applicant’s company commander at the time in question and attests that he knew the applicant was wounded on or about 4 January 1943 in the right leg below the knee.  The second statement is from a soldier who does not indicate that he was an eye witness, but the third statement is from an eye witness who states he was with the applicant when he was struck by grenade fragments below the right knee during a patrol.  The fourth statement is from a unit aidman at the time in question who attests that he gave first aid to the applicant for a fragment wound below the right knee sustained while on patrol.  There is no indication in the records that the applicant was awarded compensation for wounds on the basis of these statements or x-ray data.

8.  The applicant’s WD AGO Form 53-55 shows that he was awarded the CIB on 20 March 1944.

9.  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.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  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.

CONCLUSIONS:

1.  There is no evidence of record the applicant was awarded the Purple Heart or was wounded or treated for wounds due to hostile action.  The Board notes the statements by fellow soldiers at the time in question, including two eye witnesses, and finds these statements sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart.

2.  The applicant is entitled to award of the Bronze Star Medal based on award of the CIB.

3.  The applicant is entitled to award of the World War II Victory Medal.

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:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Bronze Star Medal based on award of the CIB and the World War II Victory Medal.

BOARD VOTE:  

JHL_____  CWB____  RVO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON