PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 September 2003                   
	DOCKET NUMBER:  AR2003084587

	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	
	Mrs. Victoria A. Donaldson		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann		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.

3.  The applicant states in effect that, he received shrapnel wounds to his right elbow while in the Battle of the Bulge and that he was treated at the field aid station.  The applicant further stated that after he received treatment for his wounds that he was returned to battle.

4.  In support of his application, the applicant provided a self-authored statement, a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation--Honorable Discharge); a copy of his WD AGO Form 100 (Separation Qualification Record); a copy of a Department of Veterans Affairs Compensation Decision, dated 27 September 2002.

5.  The applicant’s military records show that the applicant entered Active Duty on 26 September 1941.  He served in the European-African-Middle Eastern Theater of Operations from 16 April 1944 through 3 November 1945.  The applicant was honorably discharged on 18 November 1945.

6.  The applicant's WD AGO 53-55 which is authenticated in his own hand, does not show award of the Purple Heart in item 33 (decorations and Citations).  Item 
34 (Wounds Received in Action) of his WD AGO 53-55 contains the entry "NONE."

7.  The applicant provided a copy of the Department of Veterans Affairs decisional documents that shows the following entries under the issues section: "Evaluation of left shoulder degenerative joint disease (DJD) with scar currently evaluated at 0 percent disabling." and "Evaluation of shell fragment would right elbow area currently evaluated as 0 percent disabling."  

8.  There is no evidence in the available records which show that the applicant was wounded or treated for wounds as a result of hostile action. 

9.  The applicant's records contained information from the Hospital Admission Cards created by the Office of the Surgeon General, Department of the Army.  The diagnosis was listed as "Hepatitis, infectious (catarrhal jaundice)" and the circumstances were listed as "Not a traumatism."

10.  There is no indication in the hospital admission cards that shows the applicant was hospitalized or treated for wounds or injuries as a result of hostile action.

11.  The applicant's WD AGO 53-55 shows in item 31 (Military Qualification and Date) the entry, "Combat Infantryman."

12.  The applicant's WD AGO 53-55 shows in item 33 (Decorations and Citations) award of the Bronze Star Medal.

13.  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.

14.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

15.  Army Regulation 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.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he was wounded in the right elbow during the Battle of the Bulge.

2.  The Board reviewed Department of Veterans Affairs decisional document and noted that it does not show that the applicant was wounded as a result of hostile action or that he was treated wounds as a result of hostile action.

3.  There is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds as a result of hostile action during the Battle of the Bulge.  Therefore, the Board determined that based on all of the foregoing, the applicant is not entitled to award of the Purple Heart.

4.  Evidence of record shows that the applicant was awarded the Combat Infantryman Badge.

5.  Based on award of the Combat Infantryman Badge the applicant is entitled to award of the Bronze Star Medal with First Oak Leaf Cluster.

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 with First Oak Leaf Cluster.

2.  That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:  

___JLP__  __PHM__  ___AAO_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ms. Jennifer L. Prater   
		        CHAIRPERSON

INDEX

CASE ID	AR2003084587	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030923	
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.	107.1000.0000	
2.		
3.		
4.		
5.		
6.