PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:             28 October 2003                  
	DOCKET NUMBER:    AR2003089885

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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 wound to his left arm on 7 November 1942, during the invasion of North Africa.  He claims that he was considered walking wounded and remained with his unit through the rest of the campaign.  He states that his wound was treated by a battalion surgeon in the field.  

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost in that fire.  However, there were sufficient documents in the reconstructed record to allow the Board to conduct a fair and impartial review of the case.  

5.  The applicant’s separation document (WD AGO Form 53-55) shows that he enlisted in Army and entered active duty on 6 December 1941.  He continuously served until being honorably separated on 25 July 1945.  It also shows that served in the European Theater of Operations (ETO).  This document also shows that the applicant earned the Combat Infantryman Badge (CIB) and that he participated in the Algeria-French-Morocco, Tunisia, and Rome-Arno campaigns of World War II.

6.  The WD AGO Form 53-55 also shows that during his tenure on active duty, the applicant earned the following awards:  Bronze Star Medal (BSM); Good Conduct Medal; American Defense Service Medal; and European-African-Middle Eastern Service Medal with 3 bronze service stars and 1 bronze arrowhead.  Item 34 (Wounds Received in Action) of this document contains the entry “None”, which indicates he was not wounded in action during the period of service covered by the separation document. 

7.  During the review of this case, a member of the Board staff reviewed the historical records of the applicant’s unit that are maintained at the National Archives.  This search provided no evidence showing that the applicant was ever wounded in action or that he earned the PH. 

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) 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 required medical treatment; and the medical treatment was made a matter of official record.  

9.  Paragraph 3-13 of the awards regulation outlines the criteria for the award of the 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.  The regulation stipulates that the first award of the BSM is identified with the medal and that second and subsequent awards of the BSM will be identified by use of an Oak Leaf Cluster.  For example, the second award of the BSM would be written as BSM with 1st Oak Leaf Cluster.  

10.  Paragraph 5-11 of the same regulation provides the policy for award of the World War II Victory Medal.  It states, in pertinent part, that it is awarded for 
service between 7 December 1941 and 31 December 1946, both dates inclusive. 

CONCLUSIONS:

1.  By regulation, in order to support award of the PH there must be evidence that the wound or injury on which the award is based was received as enemy action, that the wound required medical treatment, and that the medical treatment was made a matter of official record.  

2.  The evidence provides no indication that the applicant was ever wounded in action.  Further, a review of the unit historical files failed to produce any evidence to corroborate the applicant’s claim of entitlement to the PH.  As a result, the regulatory burden of proof required to support award of the PH has not been satisfied in this case.  

3.  Based on this review, it was determined that the applicant is entitled to receive the second award of the BSM (BSM with 1st Oak Leaf Cluster), for his exemplary conduct in ground combat during the qualifying period, as evidenced by his receipt of the CIB.  Further, he is entitled to the World War II Victory Medal based on his qualifying service during the established period.  

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 with 
1st Oak Leaf Cluster, for his exemplary conduct in ground combat during World War II; by showing that he is entitled to the World War II Victory Medal, based on his service during the established period; and by providing him a corrected separation document that includes these awards.  

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

BOARD VOTE:  

___MT__  __LDS___  __RJW_     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner
		   CHAIRPERSON

INDEX

CASE ID	AR2003089885	
SUFFIX		
RECON		
DATE BOARDED	2003/10/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/07/25	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobiliztion	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES        1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.