PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 October 2001
	DOCKET NUMBER:   AR2001058980

	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	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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 in Germany on 12 April 1945.  He claims his records do not show he was wounded because it was a minor wound, he was treated by an unknown medical aidman, and continued on with his unit.  He states that because of the conditions at the time no record of his wound was ever made.  He provides the names of three other members of his unit that received PHs who he believes witnessed him being wounded but indicates he believes they are now deceased. 

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

5.  The available evidence includes a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).  This properly constituted separation document verifies that the applicant entered active duty on 16 January 1941 and served in that status until being honorably discharged in the rank of technician four (Tec4) 4 November 1945.  It also confirms that he arrived for duty in the European Theater of Operations (ETO) on 7 September 1944 and served there until 15 October 1945. 

6.  The WD AGO Form 53-55 also shows that the applicant was awarded the Combat Infantryman Badge (CIB) and that he participated in the Northern France, Rhineland, Ardennes, and Central Europe campaigns of World War II.  

7.  Block 33 (decorations and citations) of the separation document verifies that the applicant earned the following awards during his active duty tenure:  European-African-Middle Eastern Campaign Ribbon; Good Conduct Medal; American Theater Campaign Ribbon; World War II Victory Medal; and American Defense Service Medal.  The PH is not listed as an earned award in block 33 and block 34 (wounds) contains a “none” entry which would indicate he was never wounded or injured in action. 

8.  During the processing of this case, a military record finding report containing information from hospital admission cards created by the Office of the Surgeon General (OTSG) for the period 1942-1945 was requested from the National Archives and Records Administration (NARA).  However, no hospital medical records pertaining to the applicant were located and no information was made available to the Board for review.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 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, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under 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.  

10.  Paragraph 3-13 outlines the criteria for the award of the Bronze Star Medal (BSM).  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. 

11.  Paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member participated in while serving in the theater. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the PH for being wounded in action on 12 April 1945 in Germany but it finds insufficient evidence to support this claim.

2.  By regulation, in order to support an award of a PH a member must have been wounded or injured in action, must have been treated for this wound or injury by military medical personnel, and this treatment must have been made a matter of official record.  The available evidence in this case fails to meet the regulatory burden of proof necessary to support awarding the applicant the PH.  Therefore, the Board is compelled to deny this requested relief. 

3.  During the review of this case, the Board did discover the applicant was entitled to receive the Bronze Star Medal for his exemplary conduct in ground combat between 7 September 1944 and 2 September 1945, as evidenced by his having earned the CIB during World War II. 

4.  Further, based on the applicant’s campaign participation in the ETO during World War II, the Board concludes he is entitled to receive 4 bronze service stars for his European-African-Middle Eastern Campaign Ribbon denoting his campaign participation in the ETO and it finds it would be appropriate to correct his record to reflect this entitlement at this time. 

5.  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 the individual concerned was awarded the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy between 7 September 1944 and 2 September 1945; by showing he is authorized the European-African-Middle Eastern Campaign Ribbon with 4 bronze service stars; and by providing him a corrected separation document that reflects these changes. 

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

BOARD VOTE:  

__RVO__  ___RKS__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2001058980	
SUFFIX		
RECON		
DATE BOARDED	2001/10/16	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/11/04	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization 	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.