PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  15 November 2001
	DOCKET NUMBER:  AR2001059735

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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 that he should be awarded the Purple Heart for wounds received during World War II.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

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 26 July 1944,
as a rifleman (745).  He served in the European-African-Middle Eastern Theater of Operations from 2 February to 8 June 1945, and continued to serve until he was honorably discharged on 24 September 1945, due to physical disability.

5.  The applicant’s WD AGO Form 53-55 shows that he was awarded the 
European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, and the Combat Infantryman Badge.

6.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received In Action) of the applicant’s 
WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “None.”  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

7.  The applicant’s records contain a copy of a Surgeon General’s Office (SGO) Hospital Listing, which shows that the applicant received a non-battle injury on 
27 February 1945, while serving in the European Theater of Operations.  He was diagnosed as having a wound (s), penetrating (point of entrance only: includes incised, puncture or stab wound) with no nerve or artery involvement to his abdomen, abdominal wall and pelvis:  abdomen thoracic region.  He was also diagnosed as having phlebitis (inflammation to a vein) to his tibial veins (the inner and larger bone of the leg below the knee) and was further diagnosed as having
nasopharyngitis (inflammation of the nasopharynx), acute.  He was later discharged for medical reasons but not for any residual condition.

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.

9.  Army Regulation 600-8-22 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.

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. 

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provide no evidence, which shows he was injured or wounded due to hostile action during World War II.  Therefore, he is not entitled to award of the Purple Heart.

2.  The Board notes the applicant’s contention that he should be awarded the Purple Heart for wounds received during World War II.  However, evidence in the available records show that he was diagnosed as having a wound with no nerve or artery involvement to his abdomen which was a non-battle injury.

3.  The evidence of record shows the applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

4.  The evidence of record shows that the applicant served in World War II 
and arrived in the European-African-Middle Eastern Theater on 2 February 1945. Therefore, he is entitled to correction of his records to show that he was awarded the World War II Victory Medal.

5.  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 for the individual concerned be corrected by showing that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and the World War II Victory Medal. 

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

BOARD VOTE:  

__sk___  __iw____  __kh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheel wright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001059735	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450924	
DISCHARGE AUTHORITY	AR 615-561	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.60		
3.  WWIIVM		
4.		
5.		
6.