PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2001063868

	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. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, Jr.		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 his records be corrected to reflect award of the Purple Heart.

3.  The applicant states he, in effect, was wounded in the face in combat in Europe during World War II.  In support of his request he submits a copy of an undated newspaper report recounting information about his being wounded in Germany.  The newspaper article does not mention that the applicant was wounded as a result of hostile action, nor does it mention whether treatment was made a matter or record or that he was treated by a medical officer.  He also provides a copy of a letter dated 23 August 1950, from the Veterans Administration where a determination was made that no change was warranted to their prior rating action of 0 percent disability pay for his service connected face scar and 30 percent disability pay for his service connected arthritis of back and left right knee.

4.  The applicant’s military records show that he was inducted and that he entered active duty on 15 April 1943.  After serving 1 year, 8 months, 11 days active duty service during World War II he was honorably discharged on 15 December 1944.  His report of separation (WD AGO Form 53-55) item number 34, entitled “wounds received in action,” reflects “none.”  The form also shows that he was awarded the Combat Infantryman Badge.  He signed and authenticated it as correct on 15 December 1944, prior to separation.  

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal (BSM) 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.

6.  A staff member of the Board checked to see if the applicant’s name was listed on The U.S. Army Surgeon General Office (TSGO) Hospitalization File Listing which failed to indicate that the applicant was injured during his term of service.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and  (3) the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  There is no evidence in the available records to show that the applicant sustained a wound that required treatment by a medical officer and that the treatment was made a matter of an official record.

2.  There is no available substantiating medical evidence to show that the applicant was wounded as the result of enemy action.  

3.  The evidence of record does support the fact that the applicant was awarded the Combat Infantryman Badge for service performed during World War II and is therefore entitled to be awarded the Bronze Star Medal.

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 by awarding the individual concerned the Bronze Star Medal and by correcting his military records accordingly.

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

BOARD VOTE:  

__kan___  ___mhm_  __dh____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melvin H. Meyer_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001063868	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.000	
2.  61	107.0015/PH	
3.  60	107.0014/BSM	
4.		
5.		
6.