PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            03 APRIL 2003                  
	DOCKET NUMBER:   AR2003083474

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Patrick H. McGann, Jr.		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 his records be corrected to reflect award of the Purple Heart.  He states he recently received the award and would like to have it reflected on his separation document.  He also notes that he was awarded the Combat Infantryman Badge and believes he is entitled to a Bronze Star Medal based on that award.  He submits no evidence in support of his request.

3.  The applicant's military personnel file was apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources.

4.  The applicant entered active duty on 3 March 1941 and arrived in the European Theater of Operations in March 1944 where he was assigned to Company D, 409th Infantry Regiment.  According to information contained in files maintained by the Office of The Surgeon General, commonly referred to as the SGO Files, the applicant sustained a concussion and lacerations to his face on 21 December 1944.  His injury was recorded as a "battle casualty."  He was hospitalized for several days and then returned to duty.  There were no other medical records available to the Board.  

5.  The applicant returned to the United States in September 1945 having been awarded the Combat Infantryman Badge.  He was honorably discharged on 
3 October 1945.  There is no indication that he was awarded the Purple Heart and item 34 (wounds received in actions) on his separation document, reflects "NONE."  It appears that the applicant sought assistance from his congressional representative in 1998 to secure an award of the Purple Heart but there was no evidence available to the Board that any resolution regarding his entitlement was ever accomplished.  

6.  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.

7.  Army Regulation 600-8-22 also provides for the award of the Bronze Star Medal to World War II holders of the Combat Infantryman Badge.  Awards of the Bronze Star Medal based on the Combat Infantryman Badge are commonly referred to as conversion awards.

8.  A review of Department of the Army Pamphlet 672-1 notes the applicant’s unit (409th Infantry Regiment) was awarded the Army of Occupation Medal with “Germany” and “Austria” clasps while the applicant was a member of the organization.

9.  The World War II Victory Medal, established in July 1947, was awarded for service between 7 December 1942 and 31 December 1946.

CONCLUSIONS:

1.  The evidence does confirm that the applicant was wounded as a result of hostile action on 21 December 1944 and as such, is entitled to an award of the Purple Heart and to have the injury recorded in item 34 on his separation document.

2.  The evidence also confirms that the applicant is entitled to the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge, the Army of Occupation Medal with “Germany” and “Austria” clasps, and to the World War II Victory Medal.

3.  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 individual concerned the Purple Heart;

b.  by showing in item 34 that he sustained a battle injury on 21 December 1944;

c.  by showing that he is entitled to the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge, the Army of Occupation Medal with “Germany” and “Austria” clasps, and the World War II Victory Medal.

BOARD VOTE:  

__SAC__  __RWA__  __PHM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__ Samuel A. Crumpler___     
		        CHAIRPERSON

INDEX

CASE ID	AR2003083474	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030403	
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.	107.00	
2.		
3.		
4.		
5.		
6.