PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            2 February 2000                  
	DOCKET NUMBER:    AR1999027168

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 Purple Heart. 

3.  The applicant states, in effect, that while serving as a medic, he was injured while aiding two soldiers in combat on 3 April 1945.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), WD AGO Form 100 (Separation Qualification Record), a citation for award of the Bronze Star Medal, a 2 February 1999 letter from the applicant to seven Army buddies asking them to try and recall the events of 3 April 1945 and four statements provided by his Army buddies. 

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
15 May 1944.  He served as a medic and medical technician in the European Theater of Operations from 14 January 1945 through 7 June 1946 and was honorably discharged on 22 June 1946.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 states “NONE”.

6.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  

7.  The applicant provided a copy of his letter, dated 2 February 1999, wherein he asked seven Army buddies to try and recall the events on 3 April 1945 to support his request for award of the Purple Heart.  In his letter to the seven Army buddies, the applicant states “While rolling over the ground, my left leg got caught in some under bush and while trying to free myself I twisted my knee.”  The applicant provided four statements in response to his letter.  Two Army buddies indicated that they remembered the incident but did not know the details until they received the applicant’s letter, one individual could not recall the instance the applicant described and one statement describes combat events of 3 April 1945.   

8.  The applicant’s WD AGO Form 53-55 shows that he was awarded the Combat Medical Badge on 1 March 1945.

9.  The applicant provided a copy of his citation for award of the Bronze Star Medal for heroic achievement in action on 3 April 1945.  This award is shown on his WD AGO Form 53-55.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  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 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.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  The Board noted the four statements submitted on behalf of the applicant.  However, these statements made approximately 54 years after the fact are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded. 

2.  Evidence of record shows the applicant signed his WD AGO Form 53-55 attesting to the fact he was not entitled to the Purple Heart.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds sustained by hostile action on 3 April 1945.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.

4.  The applicant received award of the Bronze Star Medal prior to his separation from active duty on 22 June 1946.  After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Medical Badge during World War II.  Therefore, the applicant is entitled to two awards of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) and correction of his records to show the Bronze Star Medal with First Oak Leaf Cluster.

5.  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 that the individual concerned was awarded the Bronze Star Medal with First Oak Leaf Cluster.

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

BOARD VOTE:  

CMF____  JEA_____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1999027168	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19470622	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.