PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            18 August 1999
	DOCKET NUMBER:   AR1999015175

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		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 Purple Heart.

3.  The applicant states, in effect, that he was wounded in action against the enemy on 28 April 1944 and was never awarded the Purple Heart for his wounds.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55) and a copy of the rating decision from the VA. 

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis. Missouri.  However, the documents provided by the applicant show that he was inducted on 16 September 1940, that he served 3 years, 2 months, and 11 days of foreign service in the southwest (SW) Pacific Theater of Operation (PTO), that he was promoted to the rank of sergeant (infantry), and that he was honorably discharged on 7 July 1945.

5.  His report of separation shows that he was awarded the Combat Infantryman Badge, the American Defense Service Medal, the Asiatic-Pacific Service Medal, and the Good Conduct Medal.  He participated in the New Guinea and Papuan campaigns and was wounded on 28 April 1944.

6.  The rating decision from the VA indicates that he was evaluated for gunshot wounds to the left shoulder and neck.

7.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8.  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 (CIB) 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.  There is sufficient evidence to show that the applicant was wounded on 28 April 1944 while serving as an infantryman in the SW PTO and that he was treated by medical personnel.

2.  Therefore, it is reasonable to presume that as result of an administrative oversight, he was not awarded the Purple Heart that he was entitled to receive.  Accordingly, it would be in the interest of justice to correct this error at this time.

3.  Although the authorization to award members the Bronze Star Medal was not enacted until after the applicant separated from the service, he nevertheless should have received the award based on his having been awarded the CIB.  Therefore, it would also be in the interest of justice to correct the administrative oversight at this time.

4.  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: 

	a.  by showing that the individual concerned was wounded in action against the enemy in the SW PTO on 28 April 1944 and that he was awarded the Purple Heart for his wounds; and

	b.  by showing that the individual concerned was awarded the Bronze Star Medal for meritorious service during World War II.

BOARD VOTE:  

___sw  __  __elw ___  __rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR1999015175	
SUFFIX		
RECON		
DATE BOARDED	1999/08/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000/Admin	
2.  61	107.0015/PH	
3.  60	107.0014/BSM	
4.		
5.		
6.