PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            4 May 2000
	DOCKET NUMBER:   AR2000035341

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Steuve		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 that he be awarded the Purple Heart.

3.  The applicant states, in effect, that he was a member of the 17th Infantry Regiment that participated in the invasion of Okinawa on the second wave during World War II (WWII).  He goes on to state that while moving inland he was wounded by mortar fire and the wound was such that he was treated on the spot and was able to continue with the mission; however, he was never awarded the Purple Heart.  Since the urgency of the mission and his own desire to continue prevented him from being evacuated and his wound being properly documented, he desires the oversight be corrected at this time.  He goes on to state that members of his infantry squad who witnessed his being wounded were contacted and are most likely either deceased or mentally incapacitated.  He continues by stating that he is currently residing in a Veterans Home, has lost his legs from the waist down, and has suffered a minor stroke which has affected his speech.  He is still very active in his wheelchair and proud of his service during WWII and his Combat Infantryman Badge (CIB).  In support of his application he provides a copy of report of separation (WD AGC Form 53-55).

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, the WD AGO Form 53-55 shows that the applicant was inducted on 27 July 1943 and entered active duty at Fort Snelling, Minnesota on 17 August 1943. 

5.  He was awarded the military occupational specialty of a motor transportation NCO and he departed for the Pacific Theater of Operations (PTO) on 18 August 1944.  He served in the PTO until 11 September 1945 with the 17th Infantry Regiment and in Korea from 15 September 1945 until his arrival back in the United States on 11 February 1946.

6.  On 20 February 1946 he was honorably discharged in the rank of TEC/4 at Fort McCoy, Wisconsin.  He was awarded the Combat Infantryman Badge, the Sharpshooter Marksmanship Badge with carbine bar, the American Theater Service Ribbon, the Asiatic-Pacific Theater Service Ribbon, the Philippine Liberation Service Ribbon, and the Good Conduct Medal.  His WD AGO Form 53-55 indicates that he received no wounds in action and he signed that form at the time of separation.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
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 (CIB) 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.

9.  That regulations also states, in pertinent part, that the WW II Victory Medal was established by act of Congress 6 July 1945 (59 Stat 461). It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10.  Department of the Army Pamphlet 672-1 provides a register of unit campaign participation.  It states, in pertinent part, that the 17th Infantry Regiment participated in an assault landing on Okinawa on 1 April 1945. 

CONCLUSIONS:

1.  The passage of time (55 years) as well as the unavailability of records makes it difficult at best to determine if in fact the applicant was wounded in combat and was treated by medical personnel at the time.  Therefore, in the absence of conclusive evidence to show when and where he was wounded and the treatment that was rendered, the Board must presume that the applicant was not entitled to be awarded the Purple Heart.

2.  However, the Board has determined that the applicant was entitled to be awarded the Bronze Star Medal for meritorious service during WWII based on his award of the CIB.  Inasmuch as the Board can determine that his unit made an amphibious landing on Okinawa on 1 April 1945, it is reasonable to presume that he would have earned it on that date.

3.  In addition, the applicant was entitled to be awarded the WWII Victory Medal and it appears that an administrative oversight resulted in his not being properly recognized for his service during WWII.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by awarding the individual concerned the Bronze Star Medal for meritorious service during World War II; and

	b.  by awarding him the WWII Victory Medal.

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

BOARD VOTE:  

__cs____  ___jps___  ___ls ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2000035341	
SUFFIX		
RECON		
DATE BOARDED	2000/05/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014/BSM	
2.  112	107.0066/WWII VIC MDL	
3.		
4.		
5.		
6.