PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 February 2002
	DOCKET NUMBER:   AR2001065541

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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, in effect, that he be awarded the Purple Heart (PH).

3.  The applicant states, in effect, that he was wounded in action and should be awarded the PH.  He states that the Veterans Administration (VA) awarded him a 0 percent disability rating for scars that were service connected.  In support of his application, he submits a document listing his service connected disabilities with percentage, a copy of his Honorable Discharge Certificate, and his Enlisted Record and Report Of Separation (WD AGO Form 53-55). 

4.  The applicant’s military records show that on 15 July 1943, he was inducted in the Army of the United States.  He served overseas in the European Theater of Operations (ETO) from 1 May 1944 to 19 August 1945 and during his active duty tenure he was awarded the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with 3 bronze service stars, the World War II Victory Medal, and the Combat Infantryman Badge (CIB).  On 14 November 1945, he was honorably released from active duty in the rank of private first class.

5.  Item 34 (Wounds received in action) of the applicant’s WD AGO Form 53-33 contains the entry “None”, which indicated he was not wounded in action during his active duty tenure.  In addition, his service record (WD AGO Form 24) gives no indication that he was awarded the PH in either the awards or battle wounds sections.  

6.  An Authorization for Issuance of Awards (DA Form 1577), dated 2 August 1985, issued by the Reserve Components Personnel Administration Center (RCPAC), St. Louis, Missouri, authorized the issue of the Bronze Star Medal (BSM) and the reissue of the CIB to the applicant.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1.  The Board notes the applicant claim of entitlement to the PH; however, a review of his records failed to provide evidence to support this claim.  The evidence of record is void of any indication that he was ever awarded or recommended for the award of the PH, or that he was ever wounded or injured in action.  

2.  Notwithstanding the disability rating action taken by the VA, the Board finds the applicant has failed to provide evidence that confirms he was wounded in action, required medical treatment for a wound or injury received in action, or that treatment for a wound in action was made a matter of official record, as required by regulation.  Therefore, the Board finds insufficient evidence to support his claim of entitlement to the PH, and it is compelled to deny the requested relief.  

3.  Regulatory guidance authorizes awarding the BSM for those individuals who were authorized the CIB or the Combat Medical Badge during World War II.  The Board notes that the applicant was awarded the CIB during World War II and that he was subsequently issued the award by Army officials.  Therefore, the Board finds that it would be appropriate to add this award to his record at this time. 

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 showing that the individual concerned was awarded the BSM; and by providing him a corrected separation document that includes this award. 

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

BOARD VOTE:  

__GDP__  __TAP__  __MHM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065541	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	2002/02/21	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.