PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            22 June 2000                  
	DOCKET NUMBER:   AR1999030484

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger Able		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 his Bronze Star Medal with “V” Device be upgraded to the Silver Star.  He also requests a second award of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)). 

3.  The applicant states, in effect, that he was awarded the Bronze Star Medal with “V” Device for heroic achievement on 8 December 1944.  He requests that this Bronze Star Medal with “V” Device be upgraded to the Silver Star based on a subsequent award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).  He also contends that he was wounded twice in the course of battle on 8 February 1945 and awarded only one Purple Heart.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of orders for award of the Bronze Star Medal with “V” for heroic achievement on 8 December 1944; an undated newspaper article; a letter, dated 15 April, from a captain to the applicant wherein he sent the newspaper article to the applicant and states that it was published in the Omaha World Herald on 19 March; and a letter, dated 17 August 1999, from a retired colonel who was a platoon leader at the time in question.        

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 10 July 1942.  He served as a squad leader in the Asiatic-Pacific Theater from 28 May 1944 through 11 November 1945 and was honorably discharged on 9 December 1945.  The applicant was awarded the Combat Infantryman Badge during World War II.  

5.  The applicant’s discharge document, which was authenticated in his own hand, shows one award of the Bronze Star Medal and one award of the Purple Heart for wounds sustained on 8 February 1945.

6.  The applicant was awarded the Bronze Star Medal with “V” Device for heroic achievement on 8 February 1945 by Headquarters 11th Airborne Division General Orders Number 25, dated 15 February 1945.  The available records do not indicate that he was considered for or recommended for award of the Silver Star.   

7.  There is no evidence in the available records which shows the applicant was wounded on two separate occasions on 8 February 1945.

8.  The applicant provided an undated newspaper article which indicates that he sustained two wounds due to hostile actions on 8 February 1945.  The applicant also provided a statement from a retired colonel who was a platoon sergeant at the time in question.  In summary, the platoon sergeant states that he saw the applicant’s name on a list of wounded personnel as a result of the Cavite Naval Base mission on 8 February 1945.   
 9.  DA Form 1577 (Authorization for Issuance of Awards), dated 29 May 1999, shows that the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Presidential Unit Emblem and the Asiatic-Pacific Campaign Medal with three bronze service stars and one arrowhead device.  These awards are not shown on his discharge document.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

12.  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.  The regulation also states that not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.  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.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  The award approval authority for the Bronze Star Medal at the time in question approved award of the Bronze Star Medal with “V” Device for the applicant’s heroic achievement on 8 December 1944.  

2.  There is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for or otherwise considered for award of the Silver Star. 

3.  The Board considered all information submitted and all available evidence of record in this case and found no facts which warranted upgrading the applicant’s award of the Bronze Star Medal with “V” Device to the Silver Star.  Therefore, the Board determined the applicant is not entitled to award of the Silver Star.

4.  Evidence of record shows the applicant was awarded the Purple Heart for wounds received in action on 8 February 1945. 

5.  Evidence of record also shows the applicant signed his discharge document attesting to the fact he was entitled to one award of the Purple Heart.

6.  The Board noted the statement from the platoon leader at the time in question who claims he saw the applicant’s name on a list of wounded personnel as a result of the Cavite Naval Base mission on 8 February 1945.  The Board also noted the newspaper article which indicates the applicant was wounded twice during the course of battle on 8 February 1945.  However, this article is not sufficient by itself as a basis for an additional award of the Purple Heart in view of evidence of record which shows the applicant was wounded once, not twice.  Therefore, the applicant is not entitled to correction of his records to show the Purple Heart (First Oak Leaf Cluster).    

7.  The applicant received award of the Bronze Star Medal with “V” Device prior to his separation from active duty on 9 December 1945.  After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II.  Therefore, the applicant is entitled to two awards of the Bronze Star Medal which is correctly known as the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) and correction of his records to show the Bronze Star Medal with “V” Device (First Oak Leaf Cluster).  Receipt of two awards of the Bronze Star Medal is not a basis for an award of the Silver Star.

8.  The applicant was awarded the Presidential Unit Emblem and the Asiatic-Pacific Campaign Medal with three bronze service stars and one arrowhead device.  Therefore, he is entitled to correction of his military records to show this award.
9.  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 that the individual concerned was awarded the Bronze Star Medal with “V” Device (First Oak Leaf Cluster), the Presidential Unit Emblem and the Asiatic-Pacific Campaign Medal with three bronze service stars and one arrowhead device.

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

BOARD VOTE:  

LLS_____  AAO____  RA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR1999030484	
SUFFIX		
RECON		
DATE BOARDED	20000622	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451209	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Conveniece of Government RR1-1 (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.	107.0015	
3.	107.0014	
4.	107.0031	
5.	107.0064	
6.