PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               22 July 1999
	DOCKET NUMBER:      AR1999015634

	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. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		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 award of the Purple Heart.

3.  The applicant states that while in combat in Italy in December 1943 a shell exploded within 12 feet of his position.  He states that shrapnel hit his left thigh and knocked him unconscious and he was subsequently hospitalized for 61 days.  He states that for some unknown reason he was never put in for the Purple Heart.  In support of his application, he submits a copy of his VA award of disability, dated 23 February 1945. 

4.  The applicant’s military records are slightly charred by fire, but are legible.  His service personnel records show that he was inducted on 21 May 1943 and served in the European-African-Middle Eastern Theater of Operations as an infantryman from 21 November 1943 to 15 October 1945.  The applicant was honorably discharged on 30 October 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show the Purple Heart as an authorized award and shows in item 34 (Wounds Received in Action) the entry “NONE”.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  

7.  The VA disability award provided by the applicant shows that he sustained a scar on his left thigh and wound injury to muscle group XIV.  Medical records show that the applicant was treated at the 36th General hospital on 14 January 1944 for a wound to the left thigh sustained when a rifle grenade exploded during a demonstration near St. Marie, Italy.  This injury was not listed as a battle injury or as the result of hostile action by the attending physician.

8.  The Board notes that the applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and the World War II Victory Medal which are not shown on his discharge document.

9.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge on 10 March 1945. 

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  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.

12.  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 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 this badge for service during World War II.

CONCLUSIONS:

1.  Evidence of record shows the applicant was accidentally injured on 14 January 1944 when a rifle grenade exploded during a demonstration.  There is no evidence that the applicant was ever wounded as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The applicant was awarded the Combat Infantryman Badge during World War II.  Based on award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his records to show this award.

3.  Based on his service, the applicant is entitled to award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award.

4.  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

a.  by awarding the Bronze Star Medal based on award of the Combat Infantryman Badge to the individual concerned and correcting his records to show this award; and 

	b.  by correcting his records to show award of the World War II Victory Medal.

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

BOARD VOTE:  

CMF____  TNK_____  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1999015634	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990722	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451030	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.