PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           26 September 2000                  
	DOCKET NUMBER:   AC2000043748

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 reconsideration of his previous application to correct his military records by awarding him the Purple Heart.  Additionally, he requests appointment as a commissioned officer or promotion to some unidentified rank.  This issue was not included in his original case.

3.  The applicant states that he was wounded four times while serving in Europe in 1945.  He relates that “the scars (one in each calf and two on the upper thigh) are a constant reminder of the front line duty during World War II.  By my own decision, the flesh wounds were patched up on the front lines to avoid being sent back to a hospital and risk being returned to a different unit.  We didn’t know at the time they were worth 5 points towards repatriation.  Job changes were rapid during the spring from ammo-bearer, to machine gunner, to squad leader, to platoon leader.  Casualties were high and replacements weren’t always availablean officer from headquarters came up to the front and offered me commission, I begged offwasn’t up to it, but that’s history as I accepted the responsibilities but never received any ratings.”  He states, in effect, that he does not want any money only the recognition.   

4.  Concerning his promotion the applicant related that he had recently received a letter from his battalion commander.  The applicant quotes that letter as relating that the battalion commander “was not familiar with the details of my promotion status” and “the paperwork kept being bounced back from higher hq for documentation and substantiation, both of which were exceedingly hard to do while engaging the enemy around the clock on a daily basis.”

5.  The record of the Proceedings of the Board’s 5 January 2000 consideration of his request is incorporated herein by reference as if wholly set forth.  That review awarded him the Bronze Star Medal based upon his Combat Infantryman Badge and denied his request for award of the Purple Heart .  The following new information requires Board consideration.  

6.  The applicant submits the report of a 11 November 1999 medical examination conducted by a civilian physician who reports: a scar on the lower left calf consistent with a grazing bullet wound that was not sutured or properly cared for; a scar on the lower right calf consistent with a bullet that “entered and exited and was not sutured or properly cared for; and “several shrapnel punctures that had penetrated his upper thighs deeply but not hitting the bone.”   

7.  He also submits the report of a 16 December 1999 Department of Veterans Affairs (VA) medical examination.  The VA physician concurs with the applicant’s private physician that it is entirely possible that these scars are from grazing bullet wounds.  He reports that he “took Polaroid pictures of both scars.”
 
8.  The applicant submits the signatures of his two sisters and two brothers to attest to their knowledge concerning his reported wounds.

CONCLUSIONS:

1.  There is no evidence that the applicant served in any higher rank, was eligible for promotion or recommended for promotion.  The Board notes that the applicant quoted the battalion commander’s letter but did not submit it.  World War II soldiers were frequently called upon to serve temporarily in positions of higher authority to fill vacancies caused by casualties. They did so knowing that they would revert to their permanent rank as soon as a soldier with permanent rank returned or was assigned to the unit.  There is no basis for any promotion or appointment in this case.

2.  Although there is no record of treatment for a wound sustained under qualifying conditions, there is sufficient evidence to conclude that the applicant was wounded under such conditions.  However, there is insufficient evidence upon which to base multiple awards of the Purple Heart.

3.  Therefore, as an exception to policy, he should be awarded the Purple Heart. 

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds to both legs sustained in Europe in 1945.                

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

BOARD VOTE:

__TFB__  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  __MM___  __AAO__  DENY APPLICATION

		   _Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR1999043748	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	MODIFY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.