PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                  10 August 2000
	DOCKET NUMBER:         AR2000041513

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the award of the Purple Heart. 

3.  The applicant states that he was wounded in action in November 1944 while serving in Germany during World War II.  In support of his application he submits
a copy of his WD AGO Form 53-55.

4.  The applicant’s military records were destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted 17 November 1943 as a squad leader (653).  He served in the European-African-Middle Eastern Theater of Operations from 21 June 1944 to 27 January 1945 and was honorably discharged on 18 January 1946.

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the American Theater of Operations Medal, the Good Conduct Medal, the Combat Infantryman Badge, one Overseas Service Bar, the European-African-Middle Eastern Campaign Medal with one bronze service star and the World War II Victory Medal.  His discharge document does not show the Purple Heart as an authorized award.

6.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “Wounded in Action November 1944 in Germany”.  There is no record that the applicant was awarded the Purple Heart.  

7.  The applicant’s records contain a WD AGO Form 0363 (Battle Casualty Report) which shows that the applicant was wounded in action on 10 November 1944 in Germany while serving in the European-African-Middle Eastern Theater of Operations.

8.  The Board notes that the applicant is eligible for award of the Bronze Star Medal based on award of the Combat Infantryman Badge. There is no evidence
that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

9.  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. 

10.  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.  Evidence of record shows the applicant was wounded in action on 10 November 1994 in Germany while serving in the European-African-Middle Eastern Theater of Operations.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  Evidence of records shows that he is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge; however, this award was not shown on WD AGO Form 53-55.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart and the Bronze Star Medal based on award of the Combat Infantryman Badge.

BOARD VOTE:  

MDM____  JS______  KAH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_MARK D MANNING__________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041513	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460118	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  61		
3.		
4.		
5.		
6.