PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  26 March 2002
	DOCKET NUMBER:  AR2001065691

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. George Paxson		Chairperson	
	Ms. Deborah Jacobs		Member	
	Mr. Ronald E. Blakely		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 his discharge document shows that he was wounded but he was never awarded the Purple Heart.

4.  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  The applicant provides a copy of his WD AGO Form 53-55 (Honorable Discharge) for review by the Board.

5.  The WD AGO Form 53-55 shows that he was inducted and entered active duty on 25 August 1943.  He arrived in the European Theater on 30 April 1944 and returned to the United States on 1 September 1944.  His military occupational specialty is listed as rifleman.  He served in one campaign and was awarded the European-African-Middle Eastern Campaign Medal with one battle star.

6.  The applicant was separated with a Certificate of Disability for Discharge on 9 August 1945, from an Army general hospital.  Block 34 (Wounds) of his discharge document shows the entry “one”.

7.  Records made available from the Office of The Surgeon General show that the applicant was treated for a battle injury in July 1944.  The cause of the injury is listed as a rifle bullet.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  War Department Circular 269-1943 established the Combat Infantryman Badge to recognize and provide an incentive to infantrymen.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size.

10.  Army Regulation 600-8-22 provides, in pertinent part, that World War II holders of the Combat Infantryman Badge are entitled to an award of the Bronze Star Medal.

11.  The regulation also provides for award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

CONCLUSIONS:

1.  There is sufficient evidence of record to support the applicant’s contention that he was wounded in action and entitled to an award of the Purple Heart.

2.  Notwithstanding the lack of evidence that the applicant served in combat, with exemplary conduct, in action against the enemy, the applicant’s records show that he was a rifleman, received credit for one campaign, and was wounded in action against the enemy.  It would be fair and just to award him the Combat Infantryman Badge.

3.  Based on award of the Combat Infantryman Badge, the applicant is also entitled to an award of the Bronze Star Medal.

4.  The applicant’s service in World War II entitles him to the World War II Victory Medal.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds received in action against the enemy in July 1944;

	b.  awarding him the Combat Infantryman Badge and the World War II Victory Medal; and

	c.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge.

BOARD VOTE:  

__gp___  __dj___  __rb____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___George Paxson____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065691	
SUFFIX		
RECON		
DATE BOARDED	20020326	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.