PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               27 January 1999
	DOCKET NUMBER:      AR1999014687

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. John D. Kern		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, two awards of the Purple Heart.  The applicant specifically requests that his discharge document be corrected to show wounds received in action as “Severe concussion/head injury from close range artillery impact x 2” [x 2 indicates the same injury occurred twice].

3.  The applicant states that he was knocked unconscious during an artillery barrage on 17 August 1944 and was treated in a field hospital for two weeks.  He also states that he was again knocked unconscious on 3 October 1944.  In support of his application, he provides copies of the two telegrams notifying his next of kin that he was slightly injured.  

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 13 February 1943. He served in the European Theater of Operations from July 1943 to early October 1945 and was honorably discharged on 21 October 1945. 

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heat as an authorized award and shows “None” in item 34 (Wounds Received in Action).  The Board notes the applicant was awarded the Bronze Star Medal by 1st Infantry Division General Order Number 108, dated 15 October 1944, but is entitled to a second award of the Bronze Star Medal, which is not shown on his discharge document, based on award of the Combat Infantryman Badge 

6.  The applicant provided copies of two telegrams to his next of kin which show that he was “slightly injured in action” on 17 August and 3 October 1944.  Hospital admission records show that the applicant was hospitalized on 4 August 1944 as a battle casualty for a perforated eardrum, but there is no medical record regarding his second injury.

7.  The applicant’s WD AGO Form 53-55 shows in item 31 (Military Qualification) that he qualified for award of the Combat Infantryman Badge.

8.  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, 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 a certain decorations, among which is the Bronze Star Medal.

9.  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.

CONCLUSIONS:

1.  Evidence of record shows the applicant was injured twice as a result of hostile action; therefore, he is entitled to two awards of the Purple Heart (the Purple Heart with First Oak Leaf Cluster) and correction of his records to show these awards.

2.  The Board noted the applicant’s request for a specific wording regarding his injuries; however, World War II discharges normally cited wounded in action or the cause of the wound such as shell fragment wound, the location and the date of the wounds or injury, not the specific nature of the wounds or injuries.  As a result, the Board determined that, without evidence of record to verify the severity or cause the applicant’s injuries, the wording in the telegrams to next of kin is an appropriate entry for his discharge document.  Therefore, the applicant is entitled to the following entry in item 34 of his WD AGO Form 53-55: “Slightly Injured in Action, European Theater, 17 August 1944 and 3 October 1944”.

3.  The applicant is entitled to a second award of the Bronze Star Medal (the Bronze Star Medal with First Oak Leaf Cluster) based on award of the Combat Infantryman Badge.

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:

a.  by showing the individual concerned received two awards of the Purple Heart for injuries in action on 17 August 1944 and for injuries in action on 3 October 1944;

b.  by correcting item 34 (Wounds Received in Action) of his WD AGO Form 53-55 by deleting the current entry “None” and replacing it with the entry “Slightly Injured in Action, European Theater, 17 August 1944 and 3 October 1944”; and 
c.  by showing he received two awards of the Bronze Star Medal (the Bronze Star Medal with First Oak Leaf Cluster).

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

BOARD VOTE:  

JEV____  MKP____  JDK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999014687	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990127	
TYPE OF DISCHARGE	HD)	
DATE OF DISCHARGE	19451021	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.