PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 December 2001   
	DOCKET NUMBER:   AR2001062609

	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. John N. Slone | | Chairperson
| Mr. Thomas B. Redfern | | Member
| Mr. Lester Echols | | 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 received a head injury from incoming artillery during World War II.  In support of his application, he submits a medical document dated  “9 May 44” and “12 May 44” which is illegible; a Supplemental Record, dated 16 May 1944, which shows treatment for exhaustion and an eye condition; a Form 52b (Medical Department), dated 16 May 1944, which shows the applicant was diagnosed and treated for acute conjunctivitis (duration 
5 days); an undated “Yearly Consult” from the Veterans Center; medical records dated 15 October 1944 through 20 October 1944 which show the applicant was treated for a skin condition on his left middle finger and a chronic stomach disorder; two eyewitness statements; a Radiology Impression conducted on 
20 December 1996; a Neuropsychological Test Report conducted on 7 June 1996; and two newspaper articles.  

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 
6 July 1943.  He served as a military policeman in the European Theater of Operations from 29 March 1944 through 15 August 1945 and was honorably discharged on 13 December 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 states “None”.

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

7.  The applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 12 December 1945, makes no mention of any wounds sustained as a result of hostile action.     

8.  The Office of the Surgeon General Hospital List shows the applicant was hospitalized in May 1944 in the European Theater of Operations for conjunctivitis (eye infection) and psychoneurosis.  

9.  The applicant provided two eyewitness statements, dated 16 August 1993 and 9 July 2001, from fellow soldiers at the time in question.  One soldier states that the applicant was wounded by heavy artillery fire and that he does not know whether the applicant’s injury was a concussion or shrapnel.  The other soldier attests that the applicant “took a shrapnel hit” during extensive German artillery fire and that the applicant experienced what he called a “battle-fatigue artillery shell-shock mental-breakdown”.  

10.  The applicant’s WD AGO Form 53-55 shows that he received the Combat Infantryman Badge.

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.  Although the applicant contends that he received a head injury from incoming artillery during World War II, there is no evidence of record which shows the applicant was injured or treated for wounds sustained as a result of hostile action.    

2.  The applicant signed his WD AGO Form 53-55 attesting to the fact he was not entitled to the Purple Heart.

3.  The Board noted the two eyewitness statements provided in support of the applicant’s claim for award of the Purple Heart.  However, these statements, made over 50 years after the fact, are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  Therefore, the applicant is not eligible for award of the Purple Heart.

4.  The applicant received the Combat Infantryman Badge during World War II.  Therefore, the applicant 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:  

JNS____  TBR_____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_John N. Slone________
		        CHAIRPERSON

INDEX

CASE ID | AR2001062609
SUFFIX |
RECON |
DATE BOARDED | 20011220
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | (GRANT)
REVIEW AUTHORITY |
ISSUES         1. | 107.0015
2. | 107.0014
3. |
4. |
5. |
6. |