PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           16 MAY 2002                  
	DOCKET NUMBER:   AR2001065922

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 (PH).

3.  The applicant states in a letter written to the Board, that while his unit was performing a cave search on Okinawa, Japan, they came upon some Japanese soldiers who had committed hara-kiri (suicide).  Amid these dead Japanese soldiers, he accidentally discharged his weapon and injured his foot.  He states that when he bent down to check to see if he one of the enemy soldiers was still alive, a gunshot was fired directly behind him and he shot his right foot when he attempted to unholster his weapon.  He was told that the shot was fired because an enemy soldier was still alive.  Given the unusual circumstances, he believes that he was as much a casualty of war as anyone else.    He was taken to the Aid Station and then to the hospital.  He did not pursue award of the PH because he was only 17 years of age when he enlisted and he was afraid that someone would find out that he lied about his age to get into the military.  He submits in support of his request a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) that was issued on 3 November 1946, a copy of a WD AGO Form 100 (Army of the United States Separation Qualification Record), and medical documents, dated 10 July 1945, 9 August 1945 and 24 July 1947.

4.  The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein is limited to those documents that were obtained from the applicant.  It shows that on 3 October 1944, at age 17, the applicant was inducted into the Army of the United States.  He served in the Pacific Theater of Operations from 1 March 1945 through 23 August 1946 with Company H, 2nd Battalion, 32nd Infantry Regiment, 7th Infantry Division.  He served as a basic infantryman in military occupational specialty (MOS) 521, as an ammunition bearer, MOS 504, and as a squad leader, MOS 1605.

5.  The applicant served on Okinawa and in Korea with the 32nd Infantry.  He was a noncommissioned officer in charge of six enlisted men.  The team guarded ammunition dumps.  He served with the occupation forces in Korea.  He achieved the rank of sergeant, pay grade E-5.

6.  The medical documents that the applicant submitted indicates that, on 26 June 1945, while he was serving on Okinawa, he sustained a self-inflicted gunshot wound to the right foot "when his .45 caliber pistol went off as he knelt down."  The injury was determined to be in the line of duty.

7.  On 3 November 1946, the applicant was honorably separated.  His WD AGO Form 53-55 shows that he participated in the Ryukyu Island Campaign.  It also shows in Item 3 (Decorations and Citations) that he was awarded the Asiatic-Pacific Theater Campaign Medal with one bronze service star, the Good Conduct Medal, the Army of Occupation Medal (Japan), the World War II Victory Medal, the Honorable Service Lapel Button (World War II), 3 Overseas Service Bars and the Combat Infantryman Badge.  It does not show the Purple Heart as an authorized award and Item 34 (Wounds Received in Action) is annotated "None."

8.  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.

9.  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 (CIB) 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 (Military Awards) also provides, in pertinent part, that the Philippine Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive.  An individual will wear not more than one Philippine Presidential Unit Citation and no oak leaf cluster or other appurtenance is authorized.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 32nd Infantry Regiment was awarded the Philippine Presidential Unit Citation by Department of the Army General Order Number 47 in 1950.  This award is not shown on the applicant's WD AGO Form 53-55 because it was awarded to his unit after he had been separated.

CONCLUSIONS:

1.  There is no evidence in the available record, nor has the applicant provided any, to show that he is entitled to award of the PH.  The medical documents that he provided indicate that his wound was self-inflicted and does not qualify.

2.  The applicant is entitled to award of the BSM for meritorious service by virtue of his having been awarded a CIB.  He is also entitled to award of a Philippine Presidential Unit Citation for service in the Philippine Islands from 17 October 1944 to 4 July 1945.
3.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding to the individual concerned a BSM and a Philippine Presidential Unit Citation, and by issuing to him a DD Form 215, Correction to DD Form 214 (or, in this case, WD AGO Form 53-55) listing these awards in Item 33, Decorations and Citations.

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

BOARD VOTE:  

__fne ___  _____pm_  ____rwa   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065922	
SUFFIX		
RECON		
DATE BOARDED	20020516	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0091	
4.		
5.		
6.