PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 January 2002
	DOCKET NUMBER:   AR2001065202

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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, in effect, that through error or neglect he was not authorized award of the Purple Heart.  In support of his application, he submitted a letter of explanation, dated 25 July 2001, wherein he contends that he sustained a burn on the palm of his hand from the handle of his wire laying equipment which was contaminated by white phosphorous from enemy artillery shells.

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 that the applicant was inducted on 20 February 1943 and entered active duty on 27 February 1943.  He served in the European-African-Middle Eastern Theater of Operations from 12 August 1944 through August 1945.  He was honorably discharged on 23 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 award of the Purple Heart in item 33 (Decorations and Citations).  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry, “None.”

6.  The Board noted that the applicant was awarded the Combat Infantryman Badge and that he was issued a Bronze Star Medal  based on award of the Combat Infantryman Badge.  However, the applicant’s discharge document has not been amended to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  

7.  The Board also noted that the applicant served over one year and six months of “Continental Service”, but his discharge document does not show award of the American Campaign Medal.

8.  The Board also noted that the applicant’s discharge document does not show award of the World War II Victory Medal.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

12.  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 which shows that the applicant was wounded or injured as a result of hostile action.  Notwithstanding his contentions that his hands were burned by enemy white phosphorous, the applicant has presented no evidence that competent medical authority treated his wounds, determined his wounds were the result of enemy action, or otherwise declared the applicant a battle casualty.  The Board also noted that the applicant authenticated his WD AGO Form 53-55 which stated that he was not awarded the Purple Heart and that he was not wounded in action.  Based on the foregoing, there is no evidence upon which to base award of the Purple Heart in this case.

2.  The applicant received the Combat Infantryman Badge during World War II; therefore, he is entitled to correction of his records to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

3.  The applicant served a period of qualifying service for award of the American Campaign Medal; therefore, he is entitled to correction of his records to show this award.

4.  The applicant’s service during World War II qualified him for award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award.

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 be corrected by showing the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal, 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:  

___TSK__  __JTM__  __FNE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Fred N. Eichorn_
		        CHAIRPERSON

INDEX

CASE ID	AR2001065202	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020110	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.