PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           16 September 2003                   
	DOCKET NUMBER:   AR2003087536

	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	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. 	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 he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that he received a shrapnel wound to the right shoulder and was treated for this wound in a field hospital in the Philippines, but he never received the PH.  He states that he was awarded a 30 percent disability rating from the Department of Veterans Affairs (VA) for this service connected shrapnel wound to his right shoulder.  In support of his application he submits a copy of separation document (WD AGO Form 53), Separation Qualification Record (WD AGO Form 100), and a notification of increased benefits from the VA.

4.  The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of his WD AGO Form 53 and a Hospital Admission Card created by the Department of the Army (DA), Office of The Surgeon General (OTSG).  

5.  The applicant’s WD AGO Form 53 shows that he served on active duty from 
4 September 1944 until being honorably discharged on 11 February 1946.  It also shows that at the time of his separation, he held the rank of private first class.  This document further confirms that he served overseas in the Pacific Theater of Operations (PTO) for 11 months and 15 days, and that during his active duty tenure he earned the following awards:  Asiatic-Pacific Campaign Medal with 
2 bronze service stars; Philippine Liberation Medal; Good Conduct Medal; and Combat Infantryman Badge.  

6.  Item 34 (Wounds Received In Action) of the applicant’s WD AGO Form 53 contains the entry “ Asiatic Pacific (date unknown)”, which indicates that he was wounded in action in the PTO, but the date could not be verified.  

7.  An OTSG hospitalization file listing for 1945 confirms that the applicant was admitted to a medical facility in the Southwest Pacific on 11 May 1945 for treatment of a penetrating wound that was caused by a hand grenade fragment. This report also verifies that the applicant’s wound was the direct result of action against or by an organized enemy.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

9.  Paragraph 3-13 of the awards regulation outlines the criteria for the award of the Bronze Star Medal (BSM).  Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders. 

10.  Paragraph 5-11 of the awards regulation provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal).  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the PH, and it finds this claim has merit.  By regulation, the wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record. 

2.  The evidence of record includes an entry in Item 34 of the applicant’s 
WD AGO 53 that indicates he was wounded in action and an OTSG Hospitalization Record that confirms he was treated for a combat related wound at a medical facility in the Southwest Pacific on 11 May 1945.  As a result, the Board finds that the regulatory criteria to award the PH is satisfied and it concludes that it would be appropriate to award the applicant the PH and to add this award to his record at this time. 

3.  By regulation, the BSM is authorized to members who were 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.

4.  In addition, the Board finds that based on his World War II service, the applicant is entitled to the World War II Victory Medal.  Therefore, the Board concludes that it would also be appropriate to add this award to his record at this time.

5.  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 by awarding the individual concerned the Purple Heart; by awarding him the Bronze Star Medal; by showing he is entitled to the World War II Victory Medal; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:  

__FE__  ___KH__  ___MM_ ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn
	                                               CHAIRPERSON

INDEX

CASE ID	AR2003087536	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2.		
3.		
4.		
5.		
6.