PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 February 2001
	DOCKET NUMBER:   AR2000047879

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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 he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that he was wounded in action during World War II, as is evidenced by the entry in block 34 of his separation document.  He claims that he is attempting to get the award for the sake of his grandchildren.  

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

5.  There are some documents on file that, although damaged by fire, contain information in regard to the applicant being wounded in action during World War II.  These include a Casualty Message Telegram, dated 21 November 1944, issued by the Office of the Adjutant General (OTAG), which verifies that the applicant was seriously wounded in action on Leyte in October 1944.  There is also a Battle Casualty Report on file that was prepared by the OTAG that further confirms the applicant was wounded in action.  

6.  In addition, there is also a partial Certificate of Disability for Discharge-Report of Medical Board of Officers Form on file, that was issued by Brooke Army Hospital, Fort Sam Houston, Texas, on 6 August 1945.  This document shows that the applicant was determined to be medically unfit for further military service by a board of medical officers based on an anxiety state incurred as a result of his participation in four days of combat as a rifleman, in which he was severely wounded.  

7.  The evidence or record also includes a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).  This document verifies that the applicant was inducted into the Army of the United States (AUS) on 24 June 1943 and that he served on active duty until being honorably discharged, on 8 August 1945, by reason of a Certificate of Disability for Discharge.  

8.  The separation document also verifies that the applicant arrived for duty in the Asiatic-Pacific Theater on 2 June 1944 and that he participated in the Southern Philippines Campaign.  It also confirms he was awarded the Combat Infantryman Badge (CIB) and Asiatic-Pacific Service Medal.  Block 34 (wounds received in action) contains an entry that verifies that he was wounded in action in the Asiatic-Pacific Theater on 25 October 1944.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 (Purple Heart) contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member of an Armed Force who has been wounded or killed in action.  

10.  The regulation defines a wound as an injury to any part of the body from an outside force or agent sustained under the conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

11.  Chapter 3 provides procedures and guidance pertaining to individual military decorations. Paragraph 3-13 outlines the criteria for the award of the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service in connection with military operations against an armed enemy.  

12.  Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders. 

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he is entitled to the PH and finds this claim has merit.  In addition, during the review of this case the Board discovered that he is also authorized the BSM based on his having received the CIB during World War II.  

2.  By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

3.  The Board finds that the OTAG casualty record and the Brooke Army Hospital document pertaining to the applicant’s disability processing sufficiently satisfies the burden of proof mandated by the regulation to confirm entitlement to the PH.  Thus, the Board concludes that it would be appropriate to award him the PH at this time.  

4.  Army awards policy authorizes the award of the BSM for members of the Armed Forces of the United States who, after 6 December 1941, have been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II.  The regulation also specifies that the CIB is considered a citation in orders for this purpose.  Therefore, the Board finds the applicant meets this regulatory criteria and is entitled to receive the BSM.

5.  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 awarding the individual concerned the PH for wounds he received in action, on 25 October 1944, while serving as a private, in the Asiatic-Pacific Theater 
during World War II; by awarding him the BSM for meritorious service, between 
2 June 1944 and 25 October 1944, based on his exemplary conduct in ground combat against an armed enemy during World War II; and by issuing him a corrected separation document that reflects these changes. 

BOARD VOTE:  

__sk____  __tsk____  __rvo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000047879	
SUFFIX		
RECON		
DATE BOARDED	2001/02/22	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/08/08	
DISCHARGE AUTHORITY	AR 615-361	
DISCHARGE REASON	Certificate of Disability for Discharge	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
ISSUES         1.  60	107.0014	
3.		
4.		
5.		
6.