PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  8 April 2003
	DOCKET NUMBER:  AR2002075464

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda M. Barker		Member	
	Ms. Barbara J. Ellis		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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was wounded in combat and was awarded the Purple Heart. 

3.  The applicant states that he was wounded in combat in early February 1945 and that his records should be corrected to show his wound.  In support of his application, he submits a copy of his WD AGO Form 53-55 and two eyewitness statements. 

4.  The applicant’s military records show he entered active duty on 25 February 1943 as a rifleman (745).  He served in the Asiatic Pacific Theater of Operations from 29 July 1943 to 24 November 1945, and continued to serve until he was honorably discharged on 17 December 1945.

5.  The applicant’s WD AGO Form 53-55 shows that he was awarded the Overseas Service Bar, the Asiatic Pacific Theater Campaign Medal with two bronze service stars, the Philippine Liberation Medal with one bronze service star, the Good Conduct Medal, the World War II Victory Medal, the Combat Infantryman Badge, and the Marksmanship Qualification Badge with Rifle Bar.  

6.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received In Action) of the applicant’s 
WD AGO Form 53-55, which was authenticated in his own hand, shows the entry "NONE."  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

7.  The applicant's records contain a copy of a letter, dated 3 January 1951 that indicated that the applicant was entitled to one bronze arrowhead to be worn on his Asiatic Pacific Theater Campaign Medal.                       

8.  The applicant's records contain a copy of a letter order, dated 17 January 1951 that was published by the Adjutant General.  The letter indicated that the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge for exemplary conduct in ground combat against the armed enemy by Executive Order Number 9419, dated 4 February 1944.

9.  The applicant provided an eyewitness statement, which is undated, from a fellow soldier at the time in question.  The soldier attests that he did not remember dates; however the applicant was injured in the stomach during the latter part of January or February 1945 after the invasion of Luzon and was treated by a medic.  He also refused further medical attention. 

10.  The applicant also provided an eyewitness statement, dated 8 March 2001, from a fellow soldier at the time in question.  This statement attests that he was a witness that the applicant was injured in the stomach with shrapnel and refused evacuation to the hospital.  

11.  A search of the Surgeon General's Office (SGO) Hospital Listing and unit historical files failed to locate any records showing that he was wounded or injured due to enemy action. 

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

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) provides unit citation and campaign participation credit.  The pamphlet shows that the 63rd Infantry Regiment, 6th Infantry Division was given assault landing credit during the Dutch New Guinea Campaign, by War Department General Order 109-46.  Assault landing credit entitles participants to wear the “arrowhead device” on the appropriate campaign medal.

14.  Army Regulation 600-8-22 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.

CONCLUSIONS:

1.  The Board notes the applicant’s contentions he was wounded in combat in February 1985.  However, there is no evidence available to the Board, and
the applicant has provided no evidence, which shows that he was injured or wounded during World War II.  

2.  The Board considered the two eyewitness statements provided in support of the applicant’s claim for the Purple Heart.  However, these statements are not sufficient by themselves as a basis for award of the Purple Heart in view of the evidence of record which does not show the applicant was wounded.  Therefore, there is insufficient evidence to support the award of the Purple Heart to the applicant.

3.  The evidence of record shows that the applicant was entitled to one bronze arrowhead to be worn on his Asiatic Pacific Theater Campaign Medal.  Therefore, his records should be corrected to show this award

4.  The evidence of record shows the applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, his records should be corrected 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 for the individual concerned be corrected by showing that he was awarded the Asiatic Pacific Theater Campaign Medal with two bronze service stars and one bronze arrowhead and the Bronze Star Medal based on award of the Combat Infantryman Badge.

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

BOARD VOTE:  

__rw___  ___lb__  __be____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2002075464	
SUFFIX		
RECON		
DATE BOARDED	20030408	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451217	
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  	61	
2.		
3.		
4.		
5.		
6.