PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 March 2001                   
	DOCKET NUMBER:   AR2001052335

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		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 he be awarded a second Purple Heart.

3.  The applicant states that he was wounded in the leg by shrapnel and was treated by a medic in 1945.

4.  The applicant’s military records show he was inducted into the Army on        28 September 1943 and entered active duty on 19 October 1943.  He arrived in the European Theater on 3 April 1944.  He departed the European Theater on    8 May 1945 and was discharged on 28 July 1945.  

5.  The applicant’s Enlisted Record and Report of Separation, WD AGO Form  53-55, shows that he was awarded the European African Middle Eastern Theater Ribbon with five battle stars, the Good Conduct Ribbon, the Purple Heart, the Distinguished Unit Badge, and “oak leaf cluster.”  He was also awarded the Combat Infantryman Badge.  Item 34 shows that he was wounded under the right eye on 24 March 1945.

6.  A Battle Casualty Report shows that the applicant was slightly wounded in Germany on 23 March 1945.  This appears to be the wound noted in item 34 of his WD AGO Form 53-55.  Another Battle Casualty Report shows he was evacuated to the United States on 8 May 1945.  Other medical records show he was treated for a psychoneurosis incurred on 8 May 1945.  

7.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It also provides for the award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat

CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to show he was wounded a second time from shrapnel in his leg.  Corroborating evidence, such as contemporaneous VA medical records, must be provided.

2.  The applicant is entitled to award of the Bronze Star Medal as a result of his award of the Combat Infantryman Badge.
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 be corrected by awarding the applicant the Bronze Star Medal and amending his WD AGO Form 53-55 to add this award.

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

BOARD VOTE:  

__rwa___  __alr___  __gjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Roger W. Able
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001052335	
SUFFIX		
RECON		
DATE BOARDED	20010315	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.