PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 August 2001
	DOCKET NUMBER:   AR2001056844

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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 suffered a severe wound to his forehead and painful bruises to his right knee and chest during the closing days of World War II.  He states that he was treated for his injuries at the 
9th Evacuation Hospital and later transferred to the 2nd Convalescent Hospital.  He further states that the turmoil associated with the anticipated release of personnel may have been the reason for him not being recommended for award of the PH.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s Enlisted Record and Report of Separation (WD AGO Form 53-55).

5.  His WD AGO Form 53-55 shows he was inducted into the Army on 6 August 1943.  He served overseas for 11 months and 28 days and was awarded the Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, World War II Victory Medal, and Combat Infantryman Badge.  He was honorably released from active duty on 26 November 1945, in the rank of sergeant.  Item 34 (Wounds) of this separation document shows the entry “NONE”.

6.  An Authorization for Issuance of Awards (DA Form 1577), dated 9 February 2000, issued by the U.S. Army Support Center, Philadelphia, Pennsylvania confirms that the applicant was authorized and issued the Bronze Star Medal (BSM) and that he was reissued the Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, World War II Victory Medal, and Combat Infantryman Badge. 

7.  Army Regulation 600-8-22 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.  

8.  Paragraph 3-13d provides, in pertinent part, that the 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.  The regulation stipulates that award of the Combat Infantryman Badge is considered to be a citation in orders for this purpose.
CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the PH for being wounded in action during World War II but finds this claim lacks merit. 

2.  By regulation, in order to be awarded a PH a member must have received a wound or injury in action against the enemy that required treatment by medical personnel and this treatment must have been made a matter of official record.  

3.  The available personnel records provide no evidence to show that the applicant was awarded or recommended for the award of the PH based on being wounded or injured in action against the enemy.  

4.  Further, the applicant has failed to provide sufficient independent evidence to confirm his entitlement to the PH.  Therefore, the Board is compelled to deny the applicant’s request for the PH.

5.  However, by regulation, 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 and the regulation stipulates that for this purpose award of the CIB is considered a citation in orders.  

6.  The available evidence confirms that the applicant was awarded the CIB for his combat service during World War II and as a result he is entitled to the BSM based on the regulatory criteria.  Thus, the Board finds it would be appropriate to add the BSM to the applicant’s record at this time. 

7.  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 showing that the individual concerned was awarded the Bronze Star Medal and by providing him a corrected separation document that reflects this change. 

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

BOARD VOTE:

__MKP   _  __TBR __  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2001056844	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.