PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 November 2001
	DOCKET NUMBER:   AR2001057257

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Curtis L. Greenway		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 the Purple Heart.  He also requests that the Army award him a 100 percent disability rating.

3.  The applicant states, in effect, that while he was a prisoner or war (POW) a stone bruise developed on his left heel; that he dislocated his shoulder; that his digestive system was a real mess as a result of the food that he had to eat while he was a POW; that the platelet count in his blood is too low; and that he is suffering from post traumatic stress disorder.

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 that he was inducted into the Army at the Presidio of Monterey, California, on 14 October 1943 and on 24 September 1944, he was transferred to the European Theater of Operations.

5.  His awards include the Combat Infantryman Badge, the World War II Victory Medal, the Prisoner of War Medal, the American Campaign Medal, the Good Conduct Medal and the European-African-Middle Eastern Campaign Medal w/three Bronze Service Stars.

6.  A review of the records shows that on 22 November 1944, the applicant was reported as missing in action.  According to the missing in action report, a physical check of the applicant’s organization was made on 14 November 1944, after a strong enemy attack.  After a lapse of 72 hours, during which time his name did not appear on any administrative and disposition sheet or graves registration reports, the applicant was listed as missing in action.

7.  Information from the Hospital Admission Cards created by The Office of The Surgeon General shows that the applicant was hospitalized on 18 April 1945 and he was treated for nasopharyngitis and for cellulitis located on his heel.  He was discharged from the hospital 13 days after his arrival.

8.  On 4 June 1945, the applicant returned to the Continental United States.  He was placed on a physical profile on 18 August 1945 as a result of an old bruise located on his left heel.  He was told to avoid long marches.

9.  He was honorably discharged on 6 December 1945 as a result of demobilization.  He had completed 2 years, 1 month and 2 days of total active service.

10.  A review of the records fails to show that the applicant was wounded or injured as a result of hostile action by enemy forces or that he had a medical condition severe enough to process him for separation through medical channels.

11.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 also 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 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.

13.  Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

CONCLUSIONS:

1.  The Board has noted the applicant’s contention that he is entitled to the Purple Heart.   However, the records clearly show that he was hospitalized for nasopharyngitis and for cellulitis located on his heel and there is no indication that his illnesses were the result of hostile action by enemy forces.  Therefore, he is not entitled to the award of the Purple Heart.

2.  The Board has also considered contentions regarding his desire to be awarded a 100 percent disability rating by the Army.  However, there is no evidence of record that shows that he was unfit for further duty when he was discharged from the Army and that he should have been processed for discharge through medical channels.

3.  However, in accordance with the applicable regulation the applicant should have been awarded the BSM based on his award of the CIB.  Therefore, his records should be corrected to reflect that he is entitled to the BSM.

4.  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 individual concerned the Bronze Star Medal for meritorious service during World War II, based on his award of the Combat Infantryman Badge.

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

BOARD VOTE:  

__ao____  ___wtm__  __clg ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057257	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	1945/12/06	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  60	107.0014/BSM	
3.  61	107.0015/PH	
4.  177	108.0000/disability	
5.		
6.