PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 April 2000                  
	DOCKET NUMBER:   AR1999030510

	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.  

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Sherri V. Ward		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 that he be awarded the Bronze Star Medal and that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the Bronze Star Medal award.

3.   The applicant states in effect, that he was awarded the Bronze Star Medal. He further states that he never received the award nor does his separation papers reflect it.

4.   The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.   On 23 February 1942, the applicant enlisted in the Army of the United States.
He completed his required training and was awarded Military Occupational Specialty (MOS) 931 (Tractor Driver).

6.   During the period 30 December 1942-13 February 1945, the applicant served in the Western Pacific Theater of Operations (WPTO).

7.   General Orders #224, dated 8 June 1945, from the Commanding General, Headquarters 25th Infantry Division, awarded the applicant the Bronze Star for his heroic achievement in connection with military operations in the Philippine Islands on 13 and 14 of February 1945.  The order further states that the applicant was a member of an observation party that was carrying equipment to their post, they were ambushed on a mountain trail.  During that surprise
attack the applicant was wounded in the back by enemy fire.  Despite his wounds
the applicant volunteered to return through enemy held territory to bring reinforcements and medical aid to other wounded men, before receiving medical treatment for himself.  The applicant sustained wounds as a result of hostile action therefore making him eligible for the award of the Purple Heart.

8.   The applicant was honorably discharged on 22 August 1945.

9.   Army Regulation 600-22-8 provides, in pertinent part, that the Bronze Star medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

10.   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 by a medical officer, and the medical treatment must have been made a matter of official record.  It also provides that the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 
27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 or less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

CONCLUSIONS:

1.  The applicant has supplied evidence to show he was awarded the Bronze Star Medal for his heroic achievement in connection with military operations against the Japanese forces in the Philippine Islands.

2.  The general orders supplied as evidence for the Bronze Star Medal award authenticates the applicant‘s award of the Purple Heart.

3.  The records available to the Board indicates that the applicant met the regulatory requirements and was eligible to receive the Army Good Conduct
Medal for the period of 23 February 1942 to 22 August 1945.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by: 

     a.  awarding the Bronze Star Medal to the individual concerned in recognition of his heroic actions; the Purple Heart Medal for wounds sustained as a result of hostile action and the Army Good Conduct Medal; and

     b.  adding the Bronze Star Medal, the Purple Heart Medal and the Good Conduct Medal to the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation).

BOARD VOTE:  

__fe____  __cla___  __svw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030510	
SUFFIX		
RECON		
DATE BOARDED	20000413	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.