PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            28 September 2000 
	DOCKET NUMBER:   AR2000042870

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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, award of the Purple Heart, the Silver Star and the Bronze Star Medal.

3.  The applicant states, in effect, that during World War II he was hospitalized in Italy after getting hit in the leg with a rifle butt which resulted in a “hernation” on his right leg.  He contends that while hospitalized an officer threw a Purple Heart onto his bed; however, that was the last he saw of it.  He states that he received the Bronze Star Medal in July 1955 after his separation; therefore, the award is not shown on his discharge document.  He goes on to state that he remembers the commanding officer telling him and his friend that he was putting them “up” for the Silver Star; however, the applicant does not know what happened to it.  In support of his application, he submits a letter from the VA dated 19 April 1951; a copy of his WD AGO Form 52-55 (Enlisted Record and Report of Separation); an award certificate for the Bronze Star Medal dated 12 July 1955; a letter of explanation dated 27 January 2000; two letters from a Member of Congress dated 10 May 2000 and 9 May 2000; and two letters from the National Personnel Records Center dated 3 April 2000 and 25 February 2000.  

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
12 August 1943.  He served as a clerk typist in the Mediterranean Theater of Operations from 13 January 1945 through 19 February 1946 and was honorably discharged on 9 March 1946. 

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart, the Silver Star or the Bronze Star Medal as authorized awards. 

6.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  Item
34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 states “NONE”. 

7.  The applicant provided VA documentation, dated 19 April 1951, which shows the VA determined that his muscle hernia condition was service connected but not disabling to a “compensable” degree and denied his claim.  

8.  There is no evidence in the available records which shows the applicant was recommended for or awarded the Silver Star.

9.  The applicant was awarded the Combat Infantryman Badge during World War II.

10.  The applicant provided an award certificate, dated 12 July 1955, which shows the applicant was awarded the Bronze Star Medal for meritorious achievement in ground operations against the enemy in the Mediterranean Theater of Operations during the North Apennines Campaign.  

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  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.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published. 

CONCLUSIONS:

1.  The Board noted the VA decision to award service connection for the applicant’s muscle hernia condition.  However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.  The applicant signed his own discharge attesting that he was not wounded and did not receive the Purple Heart.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Silver Star.  Therefore, he is not entitled to award of the Silver Star. 

3.  After the applicant’s discharge from the Army, he became entitled to an award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II.  Evidence of record shows the applicant was awarded this Bronze Star Medal on 12 July 1955.  Therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this award.

4.  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 that the individual concerned was awarded the Bronze Star Medal.

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

BOARD VOTE:  

RVO__  EMW_____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2000042870	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460309	
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON	Convenience of the Government RR 1-1 (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0007	
3.	107.0014	
4.		
5.		
6.