PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 May 2003 
	DOCKET NUMBER:   AR2003084107

	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. William Blakely		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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 the Purple Heart (PH) and Bronze Star Medal (BSM) be added to his record.  

3.  The applicant states, in effect, that he suffered wound to his left heel while stationed in New Guinea.  He claims that he was going to be recommended for the PH, but was told by the medical aidman treating him that his wound was minor, and based on this, he is unsure if the PH paperwork was ever submitted.  

4.  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The information herein was gleaned for a copy of the applicant’s Enlisted Record and Report of Separation 
(WD AGO Form 53-55).

5.  The applicant’s WD AGO Form 53-55 shows that he entered active duty in the Army on 15 October 1940, and that he served overseas in the Pacific Theater of Operations (PTO) from 14 May 1942 through 13 July 1944.  His separation document also shows that he earned the following awards during his active duty tenure:  American Defense Service Medal; Asiatic Pacific Theater Service Medal; Good Conduct Medal; Distinguished Unit Citation Badge, and Combat Infantryman Badge (CIB).  The separation document also confirms that he was released from active duty on 25 August 1945, in the rank of technician 5th grade. 

6.  Item 34 (Wounds) of the applicant’s WD AGO Form 53-55 contains the entry “NONE”, which indicates he was never wounded or injured in action.  The applicant authenticated his separation document with his signature in Item 56 (Signature of Person Being Separated), which indicates he verified the information contained in his separation document was correct at the time it was prepared and issued.  

7.  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.

8.  Paragraph 3-13d of Army Regulation 600-8-22 also provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB is considered to be a citation in orders for this purpose.  
9.  Paragraph 5-13 of the awards regulation contains guidance on the Asiatic Pacific Theater Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with while serving in the PTO.  Table B-1 lists all campaigns, service requirements, and inscriptions for streamers, and it confirms that the applicant was credited with participation in two campaigns (Papua and New Guinea) during his tenure of assignment in the PTO.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the PH for being wounded in action while serving in New Guinea, but it finds insufficient evidence to support this claim.  However, the Board did find that the applicant is entitled to receive the BSM based on his having been awarded the CIB.  

2.  By regulation, in order to be awarded a PH a member must have received a wound or injury in action against the enemy that required treatment by medical personnel and this treatment must have been made a matter of official record.  

3.  The available evidence fails to show that the applicant was ever wounded or injured in action, or that he was ever recommended or awarded the PH.  The evidence does include a properly constituted separation document that was authenticated by the applicant with his signature, and that contains an entry showing that he was never wounded or injured in action during his tenure on active duty.  Lacking independent evidence to the contrary, the Board presumes government regularity in the preparation of the separation document.  Thus, it finds there is an insufficient evidentiary basis to support awarding the applicant the PH at this time. 

4.  However, by regulation, the BSM 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.  This regulatory policy also stipulates that for this purpose, the CIB is considered a citation in orders.  Given the applicant earned the CIB for his combat service during World War II, he is entitled to the BSM based on the regulatory criteria.  Therefore, the Board finds that it would be appropriate to add this award to his record at this time.  

5.  In addition the Board notes that the applicant was credited with participation in two campaigns during his tenure of assignment in the PTO.  Therefore, the Board concludes he is entitled to two bronze service stars with his Asiatic Pacific Theater Service Medal.  

6.  In view of the foregoing, the applicant’s record 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; by showing he is entitled to 2 bronze service stars with his Asiatic Pacific Theater Service Medal; and by providing him a corrected separation document that reflects these changes.  

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

BOARD VOTE:  

__lb ____  __lem ___  _fe_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084107	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Partial Relief	
REVIEW AUTHORITY		
ISSUES         1.  61 	107.0015	
2.  60	107.0014	
3.		
4.		
5.		
6.