PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               5 January 2000
	DOCKET NUMBER:      AR199902883

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller 		Member	
	Mr. James M. Alward		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 four awards of the Purple Heart.

3.  The applicant states that he was wounded four times while on the “front lines” from 16 January 1945 to 8 May 1945.  He also states that he has a scar on each calf and two on the upper thigh which are “a constant reminder of the front line duty during World War II.”  The applicant states that, based on his own decision, he had the wounds “patched up” on the front lines to avoid being reassigned to a different infantry unit.

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 he was inducted on 4 September 1944.  He served in the European Theater of Operations from 30 January 1945 to 7 May 1946 and was honorably discharged on 17 June 1946.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, does not authorize any awards of the Purple Heart and shows the entry “NONE” in item 34 (Wounds Received in Action).  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. 

6.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows that the applicant was awarded the Combat Infantryman Badge.  The applicant states that he received award of the Bronze Star Medal based on award of the Combat Infantryman Badge; however, his records have not been corrected to show this decoration.

7.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

8.  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.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was wounded four times during World War II.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to any awards of the Purple Heart.

2.  The applicant was awarded the Combat Infantryman Badge during World War II; therefore, the applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this decoration.

3.  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 Bronze Star Medal based on award of the Combat Infantryman Badge.

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

BOARD VOTE:  

EJO_____  JDM____  JMA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Erin J. Olmes_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028823	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000105	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460617	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	CONV OF THE GOV’T	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.