PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 November 2002 
	DOCKET NUMBER:   AR2002070287

	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. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 wounded in combat in the Asiatic-Pacific Theater of Operations in 1945.  In support of his application, he submits a copy of his WD AGO Form 53-33 and a Company Morning Report, dated 10 May 1945. 

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 
24 January 1941.  He served as a light machine gunner in the Asiatic-Pacific Theater of Operations from 17 April 1942 through 10 May 1945 and was honorably discharged on 5 August 1945.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, “NONE”.  

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 during World War II.

7.  The historical files of the Company G, 185th Infantry Regiment, 40th Infantry Division located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.   

8.  In support of his claim for award of the Purple Heart, the applicant provided a Company G, 185th Infantry Regiment Morning Report dated 10 May 1945.  This report indicates that his status was absent due to sickness and that he was reassigned from the 115th Medical Battalion to duty effective 9 May 1945 to await further orders for a 45 day furlough.    

9.  The applicant’s WD AGO Form 53-55 shows the Combat Infantryman Badge  as an authorized award.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, Company G, 185th Infantry Regiment, 40th Infantry Division, received the Philippine Presidential Unit Citation for actions during the periods 
7 December 1941 to 10 May 1942 or 17 October 1944 to 4 July 1945 by  Department of the Army General Orders Number 47-50.  This award is not shown on his discharge document.
11.  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.

12.  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 noted the applicant’s contention that he was wounded in combat in the Asiatic-Pacific Theater of Operations in 1945.  However, there is no evidence, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action during World War II.  

2.  The applicant signed his discharge document on 5 August 1945 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.

3.  The Board noted the Company Morning Report provided by the applicant in support of his claim for award of the Purple Heart.  However, this report indicates that the applicant was absent due to sickness, not injured as a result of hostile action.

4.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

5.  The applicant received the Combat Infantryman Badge during World War II.  Therefore, the applicant 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.

6.  The applicant’s unit received the Philippine Presidential Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show this unit citation.

7.  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 that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the Philippine Presidential Unit Citation.

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

BOARD VOTE:  

AAO___  JPI_____  RKS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070287	
SUFFIX		
RECON		
DATE BOARDED	20021114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.