PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:          19 December 2000
	DOCKET NUMBER:  AR2000046144

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 his military records be corrected to show award of the Purple Heart (PH).

3.  The applicant states that he was injured in a vehicle accident as the result of sniper fire.  In support of his application he provides copies of medical treatment records and a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55) dated 30 April 1946.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records that show he was inducted into the Army on   12 November 1943.  He completed his initial training and was assigned for duty as a heavy mortar crewman.  He served in both the European and Pacific Theaters of Operations and attained the rank of corporal.

5.  The applicant was assigned to the 303rd Infantry Regiment, 9th Infantry Division and was awarded the Combat Infantryman Badge (CIB).  The applicant’s WD AGO Form 53-55 also shows he was awarded the American Theater Ribbon, the European-African-Middle Eastern Ribbon with 1 bronze service star, the Asiatic-Pacific Theater Ribbon, the Good Conduct Medal, and the World War II Victory Medal.

6.  On 15 April 1945 the applicant was thrown from a vehicle when it unexpectedly swerved.  He received lacerations and contusions to his right knee, which were given medical treatment.

7.  Army Regulation 672-5-1 provides, in pertinent part, that the PH 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 672-5-1 provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized the CIB for service during World War II.

CONCLUSIONS: 

1.  The available evidence establishes that the applicant was injured in a vehicle accident on 15 April 1945, however; the evidence does not establish that the accident and subsequent injury were the result of hostile action; and therefore, he is not entitled to award of the PH.

2.  The records show that the applicant was awarded the CIB on an unknown date between 12 November 1943 and 30 April 1946.  Therefore, in accordance with Army policy cited above, he is entitled to award of the BSM. 

3.  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, particularly the WD AGO Form 53-55, be corrected by showing that the individual concerned was awarded the BSM.

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

BOARD VOTE:  

__JPH  _  __RJW___  __KLW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James P. Huber____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046144	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.