PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 November 2001                  
	DOCKET NUMBER:   AR2001060186

	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. 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, in effect, correction of his discharge document to show three awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster) and the Silver Star.    

3.  The applicant states that he was wounded three times during World War II and that his Silver Star was mailed to him after his discharge. 

4.  The applicant’s military records show that he enlisted on 31 October 1938.  He served as a sergeant major in the European Theater of Operations from 
7 August 1942 through 2 February 1945 and was honorably discharged on 
1 August 1945 by reason of physical disability.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show any award of the Purple Heart or the Silver Star as authorized awards.

6.  The applicant’s military records contain a War Department Casualty Message, dated 14 August 1943, which shows the applicant was slightly wounded in action on 18 July 1943 in North Africa area. 

7.  There is no evidence of record which shows the applicant was injured or wounded two more times as a result of hostile action during World War II.

8.  The applicant’s military records contain a letter from the War Department, Adjutant General’s Office, dated 8 November 1945, which states the applicant was awarded the Silver Star for gallantry in action in the vicinity of Troina, Sicily, on 7 August 1943.   

9.  The applicant’s discharge document shows he was awarded the Combat Infantryman Badge during World War II.

10.  The Board notes that the applicant is entitled to the American Defense Service Medal and the World War II Victory Medal.  These awards are not shown on his discharge document.  

11.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

12.   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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 
31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was wounded three times during World War II.  However, evidence of record shows the applicant was wounded in action on 18 July 1943.  Therefore, he is entitled to one award of the Purple Heart and correction of his discharge document to show this award.

2.  The applicant received the Silver Star for gallantry in action on 7 August 1943. Therefore, the applicant is entitled to correction of his discharge document to show this award.

3.  The applicant is entitled to award of the Bronze Star Medal (based on award of his Combat Infantryman Badge), the American Defense Service Medal and the World War II Victory Medal.  Therefore, the applicant is entitled to correction of his discharge document to show these awards. 

4.  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 Purple Heart, the Silver Star, the American Defense Service Medal and the World War II Victory Medal.

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

BOARD VOTE:  

WTM___  AAO____  CLG_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Walter T. Morrison_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060186	
SUFFIX		
RECON		
DATE BOARDED	20011101	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0007	
3.	107.0061	
4.	107.0066	
5.		
6.