PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           20 JUNE 2002                   
	DOCKET NUMBER:   AR2002068367

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		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, in effect, that he be awarded the Purple Heart.  The applicant states that he feels he is entitled to the award.  In support of his request the applicant submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), a copy of a telegram sent to his mother telling her of his injury, and a letter from the Veterans Administration Office informing him of his disability pension.

3.  The applicant's military records were partially destroyed in the National Personnel Records Center fire of 1973.  Information contained herein was obtained from an alternate sources.  

4.  The applicant is a World War II veteran who served overseas in Europe and participated in the Central Europe Campaign and the Rhineland Campaign.  

5.  The applicant’s mother received a telegram informing her that her son had been injured in May 1945 while stationed in Austria. 

6.  A medical report, from the 182nd General Hospital, shows that the applicant was treated for a sprained left ankle he sustained when he fell into a ditch while under enemy fire.  

 7.  Hospital admission records provided by the Office of The Surgeon General, 
show the applicant received a battle injury for which he received treatment.  The report shows the applicant was diagnosed with an ankle sprain caused by falling in a ditch.  The report also shows the disposition of his case as a disability separation, in the line of duty.  

8.  On 28 September 1945, the applicant received a disability discharge under the provisions of Army Regulation 615-361.  His WD AGO Form 53-55 shows the applicant was awarded the Good Conduct Medal, the “European African Middle Eastern Service Medal,” and a Combat Infantryman Badge.

9.  On 4 October 1945, the Veterans Administration Area Office notified the applicant that he would be receiving a 20 percent pension as a result of his disability (left ankle condition) incurred during his war service.  

10.  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 made a matter of official record.

11.  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 such 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.  Award of the Bronze Star Medal based on the Combat Infantryman or Combat Medical Badge is commonly referred to as a conversion award.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal).  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany, service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  Based on his assignment with the 260th Infantry between January 1945 and July 1945, he is entitled to the Army of Occupation Medal with Germany clasp.

CONCLUSIONS:

1.  The evidence shows that the applicant was injured as the result of enemy fire in May 1945, was treated by medical personnel and verified by medical documentation.  The applicant is therefore entitled to the Purple Heart. 

2.  The evidence also shows that the applicant is entitled to the World War II Victory Medal, and the Army of Occupation Medal with Germany clasp.

3.  The Board also notes that the applicant is entitled to a Bronze Star Medal as a conversion award based on his Combat Infantryman Badge and his record should be corrected to reflect that decoration.

4.  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:

	a.  by awarding the applicant the Purple Heart for injuries sustained in May 1945 as a result of hostile action; and 

	b.  by awarding the applicant the World War II Victory Medal, the Army of Occupation Medal with Germany clasp, and the Bronze Star Medal.  

BOARD VOTE:  

__RVO__  __RWA__  __JTM_ _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002068367	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020620	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.