PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 June 2002
	DOCKET NUMBER:   AR2001060729

	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. Maria C. Sanchez		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman		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 his DD Form 214 be corrected to show his award of the Purple Heart.

3.  The applicant states, in effect, that his DD Form 214 does not show his award of the Purple Heart.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55), a copy of a newspaper article indicating that he was wounded in the arm and a photograph.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the evidence provided by the applicant shows that he was inducted on 26 May 1943 and he entered active duty on 2 June 1943.  Following completion of training as a medical aidman, he served in the battles and campaigns of Normandy, North France, Rhineland, Central Europe and Ardennes.  He was honorably discharged in the rank of private first class after serving 2 years, 4 months, and 17 days of total active duty service.  He was awarded the Good Conduct Medal, the Combat Medical Badge (CMB), the Bronze Star Medal (BSM), and the European-African-Middle Eastern Campaign Ribbon with five bronze service stars.

5.  There is no evidence in the available records to show that he was awarded the Purple Heart and his WD AGO Form 53-55 indicates in item 34, that he had no wounds received in action.  However, the submitted newspaper article describes him as an 18 year old member of the medical corps of the Army.  It indicates that he was wounded in action in France and was recovering in a hospital overseas.  The source of the article and the photograph are not indicated; however, it consists of a picture of 11 soldiers all wearing a number and their full name and address correspond with the numbers.  The applicant is number “2” in the picture.  It contains an explanation that the 11 soldiers were a group of American convalescent soldiers visiting Newark, Nottinghamshire, England.  The photograph also has a stamp on it indicating that it had been reviewed by the “Shaef Field Press Censor.”

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 mad a matter of official record.

7.  Army Regulation 600-8-22 serves as the authority for decorations and awards.  It provides, in pertinent part, that the World War II (WW II) Victory Medal 

is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

8.  Army Regulation 600-8-22 provides the criteria for award of the CMB.  It states, in pertinent part, that the CMB was created by the War Department on 1 March 1945.  Its evolution stemmed from a requirement to recognize medical aidmen who shared the same hazards and hardships of ground combat on a daily basis with infantry soldiers.  As with the CIB, the infantry unit to which the medical personnel are assigned or attached must engage the enemy in active ground combat.  The medical personnel must be personally present and under fire to be eligible for award of the CMB.

9.  Army Regulation 600-8-22 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 (CIB) or the CMB is considered to be a citation in orders.  This means, in effect, that the Bronze Start Medal is to be awarded to individuals who are authorized either badge for service during World War II.

CONCLUSIONS:

1.  Although there is no actual evidence available to show that the applicant was wounded in action against the enemy or that his wound required treatment by a medical officer and that the treatment was made a matter of an official record, the Board finds it reasonable to presume that the picture and newspaper article presented by the applicant are authentic and portray factual information regarding his being wounded in action during WWII.  Likewise, it is reasonable to presume that he was awarded the Purple Heart as he claims.

2.  This presumption appears to be plausible given the fact that he was awarded the CMB and BSM and participated in five campaigns as a combat medic.  Accordingly, it is reasonable to presume that the omission of the Purple Heart was the result of an administrative oversight at the time of his separation.

3.  Although the authorization to award members the BSM was not enacted until after the applicant separated from the service, he nevertheless should have received a second award of the BSM, based on his having been awarded the 

CMB.  Therefore, it would be also be in the interest of justice to correct the administrative oversight at this time.

4.  Additionally, the applicant was also entitled to be awarded the WWII Victory Medal.  Accordingly, it would be in the interest of justice to correct his records at this time by awarding him the WWII Victory Medal.

5.  In view of the foregoing, the applicant’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 and by awarding the BSM, first oak leaf cluster and the WWII Victory Medal.

BOARD VOTE:  

___cla __  __be ____  __dh____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060729	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.