PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 October 2000
	DOCKET NUMBER:   AR2000041486

	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:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 her deceased husband, a former service member (FSM) be awarded the Purple Heart.

3.  The applicant states, in effect, that her husband was wounded in the attack on Leyte in the Philippines and spent several weeks in Letterman General Hospital in San Francisco.  She further states that his report of separation indicates that he was awarded three bronze service stars; however, he only received one. 

4.  The FSM’s military records were partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri.  However, the surviving records show that the FSM was inducted on 14 June 1943 and entered active duty on 28 June 1943 at Fort Warren, Wyoming.  He departed for New Guinea on 6 December 1943 and attained the rank of Private First Class (PFC).

5.  He participated in the New Guinea, Bismark Archipelago, Southern Philippines, and Luzon campaigns.  He was awarded the American Theater Ribbon, the Presidential Unit Citation, the Asiatic-Pacific Service Medal with three bronze service stars, the Good Conduct Medal, the Combat Infantryman Badge (CIB), and the Bronze Star Medal (issued subsequent to his discharge and not included on his report of separation).

6.  The Report of Physical Examination of Enlisted Personnel prior to Discharge (WD AGO Form 38) dated 6 November 1945 indicates that the FSM suffered a concussion from a blast on 8 December 1944 at Leyte, with gross hematuria (blood in the urine) and was treated by medical personnel.

7.  Medical records contained in the surviving records indicate that the FSM was transferred from the United States Ship (USS) Hase on 26 December 1944 to the 8th General Hospital for a kidney disorder manifested by hematuria.

8.  On 30 April 1958 the FSM submitted a letter to the National Personnel Records Center in St. Louis, Missouri inquiring as to his entitlements to the Purple Heart.  There is no indication that his inquiry was ever answered in that regard; however, there is evidence to show that he was awarded the Bronze Star Medal on 31 July 1958 and that on the same date an authorization was issued to the Philadelphia Quartermaster Depot, Philadelphia to issue the FSM all of his awards and decorations to include his bronze service stars.  There is no indication that the FSM’s report of separation (WD AGO Form 53-55) was ever corrected to reflect his award of the Bronze Star Medal which was issued to the FSM based on his award of the CIB.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

10.  Army Regulation 600-8-22 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 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.

CONCLUSIONS:

1.  The evidence of record clearly shows that the FSM was injured in combat on 8 December 1944 and that he received medical treatment for his injuries.  However, the evidence of record fails to show that he was ever awarded the Purple Heart for his wounds.  Therefore, it would be in the interest of justice to do so at this time.

2.  Additionally, although the authorization to award members the Bronze Star Medal was not enacted until after the FSM separated from the service and he was in fact awarded the medal subsequent to his separation, there is no evidence to show that his records were ever corrected to reflect that award.  Therefore, it would also be in the interest of justice to correct the administrative oversight at this time.

3.  The evidence of record clearly shows that the FSM was issued all of his awards and decorations (less the Purple Heart) with all authorized appurtenances and therefore there is no basis to grant a reissue of those medals on a no-cost basis.

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 by awarding the individual concerned (a FSM) the Purple Heart for injuries received in combat against the enemy on 8 December 1944 while serving in the rank of PFC with Troop A of the 12th Cavalry Regiment.

2.  That his records be corrected to reflect not only his award of the Purple Heart but of the BSM as well.

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

BOARD VOTE:  

___mmd_  ___ao___  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melinda M. Darby____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041486	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  189	110.0000/CORR 214	
3.		
4.		
5.		
6.