PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 November 2001                   
	DOCKET NUMBER:   AR2001061071

	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. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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, as the sister of the former service member (FSM), requests correction of her brother’s military records to show award of the Bronze Star Medal and the Purple Heart. 

3.  The applicant states, in effect, that her brother was severely wounded in his leg during World War II and has suffered through a large number of surgeries either directly or indirectly associated with that wound.  She contends that, as a result of two bouts with cancer in the past three years and the accompanying neuropathy, her brother can no longer write clearly or walk without a great deal of pain.  She further states that her brother asked her to complete this request for him and that he wants his four children to have this verification.  In support of her application, the applicant submits a letter of explanation, dated 3 August 2001; a letter, dated 2 March 2001, from the Review Boards Agency in St. Louis, Missouri; a letter, dated 23 October 2000, from the FSM; a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation); and a copy of the FSM’s Certification of Military Service.  

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 
3 November 1943.  He served as a rifleman in the European Theater of Operations from 4 May 1944 through 24 December 1944.  On 1 September 1945, the FSM was honorably discharged by reason of physical disability.  

5.  The FSM’s WD AGO Form 53-55 does not show the Bronze Star Medal or the Purple Heart as authorized awards.

6.  The FSM’s discharge document shows that he received the Combat Infantryman Badge during World War II.

7.  The Office of the Surgeon General Hospital List shows the FSM was hospitalized on 26 September 1944 for leg wounds sustained as a result of hostile action in the European Theater.

8.  The Board notes that the FSM is also entitled to the American Campaign Medal and the World War II Victory Medal.  These awards are not shown on his discharge document.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  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, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

12.  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 FSM received the Combat Infantryman Badge during World War II.  Therefore, the FSM is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this award.

2.  Medical evidence of record shows the FSM was wounded as a result of hostile action on 26 September 1944.  Therefore, the FSM is entitled to award of the Purple Heart and correction of his military records to show this award.

3.  The FSM is entitled to award of the American Campaign Medal and the World War II Victory Medal.  Therefore, he is entitled to correction of his military records to show these awards. 

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 FSM was awarded the Bronze Star Medal (based on award 
of the Combat Infantryman Badge), the Purple Heart, the American Campaign Medal and the World War II Victory Medal.

BOARD VOTE:  

RVO__  JPI_____  WDP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2001061071	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.	107.0000	
4.		
5.		
6.