PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 February 2001  
	DOCKET NUMBER:   AR2000050114

	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. Fred N. Eichonr		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Melvin H. Meyer		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 award of the Purple Heart.

3.  The applicant states, in effect, that he was the medical officer in charge of an aid station during World War II.  He states that he approved all wounds and awards of the Purple Heart and that he could have given himself a form for the Purple Heart.  However, the 12 to 14 shrapnel pieces were not discovered or removed from his chest until 1946.  In support of his application, he submits a copy of his WD AGO Form 53-98 (Military Record and Report of Separation) and a copy of his Certificate of Battlefield Commissions. 

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 
11 June 1941.  While serving in the Asiatic-Pacific Theater, the applicant was honorably discharged on 3 March 1945 to accept appointment as a second lieutenant.  He was commissioned on 4 March 1945.  The applicant returned from the Asiatic-Pacific Theater on 20 September 1945 and was released from active duty in the rank of first lieutenant on 11 November 1945.  

5.  The applicant’s WD AGO Form 53-98, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

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 during World War II.  Item 30 (Wounds Received in Action) of the applicant’s WD AGO Form 53-98 states “NONE”. 

7.  The applicant received the Combat Medical Badge and two awards of the Bronze Star Medal (Bronze Star Medal (First Oak Leaf Cluster)) during World War II.

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 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 considered the applicant’s contentions regarding his entitlement to the Purple Heart. However, there is no evidence of record which shows that the applicant was wounded or treated for wounds due to hostile action during World War II.

2.  The applicant signed his discharge document attesting to the fact that he was not wounded as a result of hostile action and was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart. 

4.  The applicant received two awards of the Bronze Star Medal (Bronze Star Medal (First Oak Leaf Cluster)) prior to his release from active duty on 
11 November 1945.  After his separation from the Army, he became entitled to a third award of the Bronze Star Medal based on his award of the Combat Medical Badge during World War II.  Therefore, the applicant is entitled to three awards of the Bronze Star Medal (Bronze Star Medal (Second Oak Leaf Cluster)) and correction of his records to show the Bronze Star Medal (Second Oak Leaf Cluster).

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 that the individual concerned was awarded the Bronze Star Medal (Second Oak Leaf Cluster) based on award of the Combat Medical Badge.

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

BOARD VOTE:  

FNE____  MKP____  MHM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Fred N. Eichorn_________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050114	
SUFFIX		
RECON		
DATE BOARDED	20010215	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451111	
DISCHARGE AUTHORITY		
DISCHARGE REASON	RR 1-5 Demobilization	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.