PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 November 2001                   
	DOCKET NUMBER:   AR2001061340

	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:

	Ms. Deborah S. Jacobs 		Chairperson	
	Mr. Elzey J. Arledge, Jr.		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 award of the Purple Heart.

3.  The applicant states, in effect, that he was wounded in action on 
15 December 1944 when he was hit by shrapnel in his right arm.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a Privacy Act Release, dated 30 October 2000; a letter of explanation, dated 17 February 2000; WD AGO Form 100 (Separation Qualification Record); a completion certificate for the Seventeen Weeks’ Schedule of Training (Heavy Weapons); an undated eyewitness statement from a retired Judge; a letter from the National Personnel Records Center, dated 
6 January 2000; and a letter from a Member of Congress, dated 13 October 1999.       

4.  The applicant’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 applicant was inducted on 
29 December 1943.  He served as a platoon sergeant in the European Theater of Operations from 8 July 1944 through 5 September 1945 and was honorably discharged on 16 November 1945.  

5.  The applicant’s discharge document, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

6.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 states “None”.

7.  The applicant provided an undated eyewitness statement from a fellow soldier at the time in question.  This fellow soldier, a retired Judge from the Court of Appeals of Indiana, attests that the applicant was wounded in December 1944 by an artillery shell in Germany and that he participated in bandaging the applicant’s arm.  This document contains the dates of 23 April 2001 and 17 August 2001 which are dates that this document was transmitted by facsimile.

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

9.  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.

10.  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.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he was wounded in action on 15 December 1944 when he was hit by shrapnel in his right arm.  However, there is no evidence of record which shows the applicant was injured or treated for wounds sustained as a result of hostile action.   

2.  The applicant signed his WD AGO Form 53-55 on 16 November 1945 attesting to the fact he was not wounded in action and was not entitled to award of the Purple Heart.

3.  The Board noted the eyewitness statement provided with his application.  However, this statement, apparently rendered over 50 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  Therefore, the applicant is not entitled to award of the Purple Heart.  

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

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 that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge).

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

BOARD VOTE:  

DSJ____  EJA_____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Deborah S. Jacobs__
		        CHAIRPERSON

INDEX

CASE ID	AR2001061340	
SUFFIX		
RECON		
DATE BOARDED	20011106	
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.