PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 November 2002   
	DOCKET NUMBER:   AR2002076726

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry		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.

3.  The applicant states that he was shot in the right arm while “beaching” in the Philippines during World War II.  

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
12 June 1943.  He served as a light machine gunner in the Asiatic-Pacific Theater of Operations from 18 January 1944 through 1 April 1945 and was honorably discharged on 16 March 1946 by reason of physical disability. 

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award.  

6.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, “None.” 

7.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

8.  The available records contain a World War II casualty report form which indicates that the applicant was accidentally injured on 19 February 1945 in the Philippines when another enlisted member’s carbine accidentally discharged and struck his right arm.  

9.  The available records also contain a WD AGO Form 8-33 (Clinical Record Brief), dated 3 October 1945, which shows the applicant sustained a compound fracture to his right arm on 19 February 1945 in Luzon.  This injury was accidentally incurred when a fellow soldier’s rifle discharged striking the applicant’s right elbow.

10.  The applicant’s WD AGO Form 53-55 shows he received the Combat Infantryman Badge during World War II.

11.  Army Regulation 600-8-22 (Military Awards) 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.

 12.  Army Regulation 600-8-22 also 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.  Medical evidence of record shows the applicant was accidentally injured on 19 February 1945 when a fellow soldier’s rifle discharged and hit him in the right elbow, not as a result of hostile action.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action during World War II.  

3.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.   

4.  The applicant received the Combat Infantryman Badge during World War II.  Therefore, he is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records 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 be corrected by showing that the individual concerned was awarded 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:  

SAC____  RWA___  HOF___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2002076726	
SUFFIX		
RECON		
DATE BOARDED	20021126	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.