PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            08 APRIL 2003                  
	DOCKET NUMBER:   AR2003083509

	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. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda M. Barker		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 award of the Purple Heart and Bronze Star Medal.  He states, in a self-authored statement, that he was hit by "dirt and rocks" which were kicked up by an enemy sniper's shot which left his "right ear cut and bleeding."  He states, in effect, that during the incident he told a corporal to stay behind him, "out of the snipers fire" and that he was then able to kill the sniper.  He states that an officer was so happy that he told the applicant he was being put "in for a purple heart and bronze star."  In support of his request he submits evidence which confirms his training as a sniper, a magazine article regarding the Rhine River crossing, and a statement from his brother relating information the applicant had told him.

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

4.  The applicant entered active duty on 15 August 1938 and arrived in the European Theater of Operations in August 1944.  His separation document indicates that he performed duties as a rifleman with the 407th Infantry Regiment and that he was awarded the Combat Infantryman Badge.

5.  The applicant returned to the United States in November 1945.  His separation physical examination, conducted on 6 December 1945 makes no reference to any wounds or injuries sustained as a result of hostile action.  Additionally, item 34 (wounds received in action) on the applicant's War Department Adjutant General Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), which the applicant authenticated, reflects "NONE."

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, in pertinent part, that World War II holders of the Combat Infantryman Badge are entitled to an award of the Bronze Star Medal.  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 indicates the applicant’s unit (407th Infantry Regiment) was awarded the Army Occupation Medal with “Germany” clasp while the applicant was a member of the organization.  That information was omitted from his separation document.

CONCLUSIONS:

1.  There is insufficient evidence medical documentation which confirms the applicant was wounded as a result of hostile action during World War II and as such, there is insufficient evidence on which to base an award of the Purple Heart.

2.  Although the Board was unable to confirm that the applicant was ever recommended for, or award, the Bronze Star Medal as a result of his actions during the sniper incident he related, he is entitled to an award of the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge.

3.  The evidence confirms the applicant is entitled to the Army Occupation Medal with “Germany” clasp.  His records should be corrected accordingly.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge, and the Army Occupation Medal with “Germany” clasp.

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

BOARD VOTE:  

__RJW__  __BJE __  __LMB_ _   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond J. Wagner__
		        CHAIRPERSON

INDEX

CASE ID	AR2003083509	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030408	
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.