PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             24 February 2000 
	DOCKET NUMBER:    AR1999028693

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson		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, in effect, correction of his discharge document to show award of the Purple Heart and the Medal of Honor.

3.  The applicant states that he was wounded in Manila on 23 February 1945, that he received the Purple Heart but it is not annotated on his discharge document.  He also contends that after the attack at Santo Tomas University, the Generals who witnessed the battle of Rizal Stadium awarded him the Medal of Honor.  He states that he can be seen in the old Army movie “The Big Picture” shaking hands with the Generals and receiving the medal.  He goes on to state that he went immediately back into combat the next day and the medal was never annotated on his discharge papers.  In support of his application, he submits two VA Forms 21-4138 (Statement in Support of Claim) dated 30 June 1999, a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and an information sheet on the 1st Cavalry Division.    

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 enlisted on
20 January 1942.  He served as a platoon sergeant in the Asiatic-Pacific Theater from July 1943 to September 1945 and was honorably discharged on 
13 September 1945.  

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart or the Medal of Honor as authorized awards.    

6.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 shows “Manilla Philippine Islands 23 Feb 45”.

7.  There is no evidence in the available records that shows the applicant was recommended for or awarded the Medal of Honor.

8.  The applicant’s records show he was awarded the Combat Infantryman Badge.    

9.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific Service Medal.  Records also show he participated in four campaigns during World War II.

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 (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.

12.  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.

13.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Service Medal.

14.  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.  Evidence of record shows the applicant was wounded in action on
23 February 1945 during World War II; therefore, he is entitled to correction of his military records to show award of the Purple Heart.

2.  The Board noted the applicant’s contention that he was awarded the Medal of Honor.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Medal of Honor.  Therefore, he is not entitled to correction of his military records to show award of the Medal of Honor.

3.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge during World War II.  Therefore, he is entitled to correction of his military records to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

4.  Evidence of record shows the applicant served in the Asiatic-Pacific Theater from July 1943 to September 1945 and participated in four campaigns.  Therefore, he is entitled to correction of his military records to show award of the Asiatic-Pacific Service Medal with four bronze service stars. 

5.  The applicant is entitled to award of the World War II Victory Medal for his service between 7 December 1941 and 31 December 1946.  Therefore, he is entitled to correction of his military records to show this award. 

6.  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: 

a.  by deleting the entry “Asiatic-Pacific Service Medal” in item 
33 (Decorations and Citations) on the WD AGO Form 53-55 of the individual concerned; and

a.  by adding the entries “Purple Heart”, “Bronze Star Medal (based on award of the Combat Infantryman Badge)”, “Asiatic-Pacific Service Medal with four bronze service stars” and “World War II Victory Medal” in item 33 (Decorations and Citations) on his WD AGO Form 53-55.

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

BOARD VOTE:  

CLA_____  JPH____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR1999028693	
SUFFIX		
RECON		
DATE BOARDED	20000224	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450913	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0001	
3.		
4.		
5.		
6.