PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            30 July 2002
	DOCKET NUMBER:   AR2002072733

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Karen A. Heinz		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 records to show that he sustained wounds to his right leg in action during World War II.

3.  The applicant states that there was a point system in May 1945 at Camp Atterbury, Indiana.  He states that, based on credit he received for the Purple Heart, he had enough points to be discharged.  He further states that he questions and fails to see why this information was not added to his records at that time.

4.  In support of his application, the applicant provided a letter of explanation wherein he explains that his right leg was injured during the Battle of Leyte and became infected.  He also states that he was treated at a Field Hospital at Leyte and was evacuated to Saipan.  The applicant states that he ended up in a hospital in Hawaii where he “turned down the Purple Heart because [he] felt at the time [his] injury was minor compared to some of [his] buddies’ injuries.”  The applicant concludes that he now has “a change of heart” and would like to see this information added to his records.

5.  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 consist of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and a Final Payment Roll showing the applicant’s mustering out pay.  These records show the applicant entered active duty on 14 September 1942.  He served in the Asiatic-Pacific Theater of Operations from 11 May 1943 until an unknown date approximately March 1945.  The applicant was honorably separated from active duty on 28 May 1945.

6.  The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, does not show the Purple Heart in item 33 (Decorations and Citations).  His WD AGO Form 53-55 also shows the entry “None” in item 34 (Wounds Received in Action).

7.  There are no orders in records available to the Board which show that he was awarded the Purple Heart.  There also is no evidence that he was wounded or treated for wounds as a result of hostile action.  There are no hospital admission record in the files of The Surgeon General of the Army which show that the applicant was treated for wounds or injuries as a result of hostile action.

8.  The Board noted that the applicant was awarded the Combat Infantryman Badge during World War II, but there is no award of the Bronze Star Medal in his records.  

9.  The Board also noted that applicant was eligible for award of the World War II Victory Medal which also is not shown on his WD AGO Form 53-55. 
10.  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.

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 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.

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 request for correction of his records to show that he was wounded as a result of hostile action and his contention that he received the Purple Heart.  

2.  The Board noted that there is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was treated for wounds or injuries as a result of hostile action.  The Board also noted that the applicant authenticated his WD AGO Form 53-55 at the time of his separation from the Army and this document did not show award of the Purple Heart or that he was wounded as a result of hostile action.

3.  In the absence of documentation which shows the applicant was wounded or treated for wounds as a result of hostile action, there insufficient evidence upon which to base award of the Purple Heart or to amend his records to show that he was wounded in action.   

4.  The applicant received the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this decoration. 

5.  Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this medal.

6.  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 and was awarded the World War II Victory Medal.

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

BOARD VOTE:  

__KAH__  ___AAO__  __TL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Mr. Arthur A. Omartian_
		        CHAIRPERSON

INDEX

CASE ID	AR2002072733	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020730	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.