PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                  30 April 2002
	DOCKET NUMBER:         AR2002068057

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Thomas E. O'Shaughnessy		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

3.  The applicant states that he was shot in the leg in Germany and never received a Purple Heart.  

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he enlisted in the Regular Army on 20 December 1940.  He served in the European Theater of Operations from 12 January 1943 through 25 April 1945.  The applicant was honorably discharged on 25 September 1945.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award.  His discharge document shows the entry “None” in item 34 (Wounds Received in Action).

6.  There are no orders in the available records which show that the applicant was awarded the Purple Heart.  There also is no evidence available to the Board which shows he was wounded or treated for wounds as a result of hostile action. 

7.  Records available to the Board contain a DA Form 1577 (Authorization for Issuance of Awards), dated 8 December 1988, which shows the applicant was issued the Bronze Star Medal based on award of the Combat Infantryman Badge), the American Campaign Medal, and the World War II Victory Medal.  However, there is no evidence which shows the applicant's discharge document was ever amended to show these awards.

8.  Item 31 (Military Qualification and Date) of the applicant’s WD AGO Form 
53-55 shows that he was awarded the Combat Infantryman Badge during World War II. 

9.  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.

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

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 Board considered the applicant's contention that he was "shot in the leg in Germany and never received a Purple Heart", however, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  The applicant's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge during World War II.  Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal.  Therefore his WD AGO Form 53-55 will be amended to show award of the Bronze Star Medal.

3.  The applicant served a period of qualifying service for award of the American Campaign Medal.  Therefore, his WD AGO Form 53-55 will be amended to show this award.

4.  The applicant also served during a period of qualifying service for award of the World War II Victory Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show the World War II Victory Medal.
5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the American Campaign Medal, and the World War II Victory Medal.

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

BOARD VOTE:  

AAO____  TEO____  HOF_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068057	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020430	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.