PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 October 2001    
	DOCKET NUMBER:   AR2001060220

	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. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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, as the legal representative of a former service member (FSM), a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). 

3.  The applicant states that the FSM was wounded twice in combat during World War II, but never received his second award of the Purple Heart.  In support of his application, he submits the FSM’s WD AGO Form 100 (Separation Qualification Record); his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a transmittal of General Orders, dated 25 July 1945, for award of the Combat Infantryman Badge, the Bronze Star Medal and the Purple Heart; a medical record, dated 23 April 1945; a citation for award of the Bronze Star Medal for heroic achievement in connection with military operations against the enemy on 6 May 1945; and a Power of Attorney, dated 2 July 2001, authenticated by the FSM.   

4.  The FSM’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM was inducted on 
18 December 1943.  He served as a rifleman in the Asiatic-Pacific Theater of Operations from 20 July 1944 through 9 May 1945 and was honorably discharged on 15 December 1945.

5.  The FSM’s WD AGO Form 53-55 does not show the Purple Heart with First Oak Leaf Cluster as an authorized award.  

6.  His discharge document does show one award of the Purple Heart for wounds received in action on 6 May 1945.

7.  The Office of the Surgeon General Hospital shows the FSM was hospitalized on 6 May 1945 for foot wounds sustained as a result of hostile action in the South Pacific.  This list also shows that the FSM was hospitalized on 23 April 1945 for neck wounds sustained as a result of hostile action in the South Pacific.

8.  The applicant provided a medical record, dated 23 April 1945, which shows the FSM was wounded in action and sustained shrapnel wounds to his neck.

9.  The FSM was awarded the Combat Infantryman Badge during World War II.

10.  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.

11.  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.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  The FSM’s discharge document shows he was awarded the Purple Heart for wounds received in action on 6 May 1945.

2.  Medical evidence of record shows the FSM was also wounded in action on 
23 April 1945.  Therefore, the FSM is entitled to correction of his military records to show award of the Purple Heart with First Oak Leaf Cluster.  

3.  The FSM received award of the Bronze Star Medal prior to his separation from active duty on 15 December 1945.  After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II.  Therefore, the FSM is entitled to two awards of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) and correction of his records to show the Bronze Star Medal with First Oak Leaf Cluster.

4.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

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 with 

First Oak Leaf Cluster for wounds received in action on 23 April 1945 and the Bronze Star Medal with First Oak Leaf Cluster. 

BOARD VOTE:  

FNE___  MHM_____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060220	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.