PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 August 2000
	DOCKET NUMBER:   AR2000041892

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 correction of his records to show a second award of the Purple Heart, correctly known as the Purple Heart (First Oak Leaf Cluster).

3.  The applicant states that he has a Purple Heart for being wounded on 23 January 1945 and that he draws disability for that wound.  He states that he was also wounded in the Huertgen Forest in November 1944 when a piece of shrapnel went through his arctic and combat boots and cut his right foot.  He contends that his feet were so cold that he did not even notice the wound until he found the piece of shrapnel between his toes.  He states that he knows that we have a record of this because he is “drawing 10% disability for his foot and 30% percent for the wound to his face which occurred on 23 January 1945.”  He states that all he wants is a “cluster” for his Purple Heart to show he was wounded twice.

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 that he was inducted on 23 February 1944 and served in the European-African-Middle Eastern Theater.  He was honorably discharged on 17 April 1946. 

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows one award of the Purple Heart.  Item 34 (Wounds Received in Action) shows the entry “23 JAN 45 LUXENBURG”.  Hospital Admission Cards from the Office of the Surgeon General confirm this wound.

6.  There is no evidence in the limited records available to the Board which show that he was wounded twice.  There is no evidence in the records of the Surgeon General of the Army which shows that the applicant was admitted a second time during World War II for wounds resulting from hostile action.  The applicant authenticated his discharge document with his signature indicating that he was not wounded a second time and that he was not awarded two Purple Hearts.

7.  The Board noted that the applicant’s discharge document shows that he was awarded the Combat Infantryman Badge.  As a result he was also eligible for award of the Bronze Star Medal.  The Bronze Star Medal is not shown on the applicant’s discharge document.

8.  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.  

9.  Army Regulation 600-8-22 provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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.  There is no evidence that the applicant was wounded as a result of hostile action in November 1944 or was treated during World War II for wounds resulting from hostile action other than on 23 January 1945.

2.  The Board also noted the applicant authenticated his discharge document at the time of his separation from the Army attesting to the fact that he was not wounded twice and that he was not entitled to two awards of the Purple Heart.  

3.  Based on these facts which are matters of record, there is no basis for awarding the applicant a second Purple Heart, particularly in the absence of compelling evidence to the contrary.

4.  The applicant’s discharge document shows that he was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to correction of his WD AGO 53–55 to show that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

5.  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:  

_RWA___  __JDM___  __CG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John D. Miller___
		        CHAIRPERSON

INDEX

CASE ID	AR2000041892	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460317	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	DEMOBILIZATION	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.