PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 JANUARY 2003                  
	DOCKET NUMBER:   AR2002075702

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Tracey L. Pinson		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 and the Bronze Star Medal. 

3.  The applicant states he was wounded during his World War II service.  He was awarded the Combat Infantryman Badge, but not the Bronze Star Medal.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he entered on active duty on 29 March 1943, served in the European Theater of Operations during World War II from November 1944 through February 1946 with the 49th Armored Infantry Battalion, participating in three campaigns, and was discharged in the rank of first sergeant on 2 March 1946.  He was awarded the American Service Medal, the European-African-Middle Eastern Service Medal, the Good Conduct Medal, the World War II Victory Medal, and the Combat Infantryman Badge.  Item 34, Wounds Received in Action, of his report of separation shows the entry, “NONE.”     

6.  In a 5 February 2002 statement, the applicant’s former platoon sergeant,  stated that the applicant and two other soldiers were wounded by shrapnel on     7 March 1945 while traveling in a jeep enroute to Rheinberg, Germany.  That individual made a similar statement in support of the applicant on 7 December 1989.  

7.  The historical files of the 49th Armored Infantry Battalion were reviewed at the National Archives.  The review failed to show that the applicant was wounded in action.   

8.  Army Regulation 600-8-22 provides 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.

9.  The above regulation also provides for award of the Bronze Star Medal to each member of the Armed Forces of the United States who, after 6 December 1941 has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  The award of a Combat Infantryman Badge is considered as a citation in orders.

10.  The Unit Citation and Campaign Participation Credit Register shows that the
49th Armored Infantry Battalion served as an occupation force in Germany from  2 May 1945 through 5 July 1945.
11.  Army Regulation 600-8-22 provides for the award of the Army of Occupation Medal for service for 30 consecutive days while assigned to the Army of Occupation of Germany between 9 May 1945 and 5 May 1955.

CONCLUSIONS:

1.  There is no record to show that the applicant was wounded in action or that he was treated for a wound.  A search of the files of applicant’s wartime organization at the National Archives failed to show that he was wounded.  Although the Board does not discount the information provided by the applicant and his former platoon sergeant, there is simply insufficient evidence to show that the applicant was wounded in action.  Consequently, he is not entitled to award of the Purple Heart.

2.  The applicant is entitled to award of the Bronze Star Medal and the Army of Occupation Medal with Germany clasp.  

3.  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 Bronze Star Medal and the Army of Occupation Medal with Germany clasp. 

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

BOARD VOTE:  

__KAK       __MHM__  __TLP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Karol A. Kennedy     __
		        CHAIRPERSON

INDEX

CASE ID	AR2002075702	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.