PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 October 2002
	DOCKET NUMBER:   AR2002067904

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 that he be awarded the Purple Heart.

3.  The applicant states that he was wounded in action during World War II (WWII) while attacking German troops at Kettwig, Germany during the Ruhr Pocket Battle.  He goes on to state that he was hit in the face and buttock and his wounds were treated by medics on site.  His commander instructed him to go back to the aid station so he would receive a Purple Heart; however, artillery fire was so heavy behind them that he chose not to do so.  At that time he had no idea how important a Purple Heart would be to him in the future, but he now needs it to improve his priority for assistance in receiving medication from the Department of Veterans Affairs.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55). 

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 WD AGO Form 53-55 shows that he was inducted on 26 August 1944 and was transferred to the European Theater of Operations (ETO) on 24 January 1945.  He participated in the Rhineland and Central Europe Campaigns and was promoted to the rank of technical sergeant.  

5.  He departed the ETO and was returned to the United States on 17 July 1946, where he was honorably discharged at Fort Bragg, North Carolina, on 23 July 1946.  He had served 1 year, 10 months and 27 days of total active service and was awarded the Combat Infantryman Badge (CIB), the European-African-Middle Eastern Campaign Ribbon with two bronze service stars, the Good Conduct Medal, the WWII Victory Medal and the ETO Occupation Ribbon. 

6.  He was subsequently awarded the Bronze Star Medal (BSM) based on his having been awarded the CIB.  However, there is no evidence to show that it was ever added to his WD AGO Form 53-55.

7.  A review of casualty files and unit historical files at the National Archives in College Park, Maryland, failed to reveal any indication that the applicant was wounded, treated by medical personnel or that he was reported as a casualty.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1. The Board has noted the applicant’s contentions.  However, there is no evidence in the available records to show that the applicant was wounded or injured in action by enemy forces.  Accordingly, in the absence of evidence to the contrary, there appears to be no basis to award him the Purple Heart.

2.  However, the Board does find that he was subsequently awarded the BSM and that it was never added to his report of separation.  Accordingly, it would be in the interest of justice to do so at this time.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  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 BSM.

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

BOARD VOTE:  

___rjw___  ___rwa__  ___jm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2002067904	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014/BSM	
2.  61	107.0015/PH	
3.  189	110.0000/CORR 214	
4.		
5.		
6.