ABCMR Proceedings (cont)                                                        AR2002074740

PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 September 2002
	DOCKET NUMBER:   AR2002074740

	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. Nancy L. Amos | | Analyst

  The following members, a quorum, were present:

| Ms. Celia L. Adolphi | | Chairperson
| Mr. Melvin H. Meyer | | Member
| Mr. John T. Meixell | | 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 his Enlisted Record and Report of Separation, WD AGO Form 53-55, be amended to add the Purple Heart and that he be issued the Purple Heart.

3.  The applicant states that he was wounded in action on 12 April 1945.

4.  The applicant’s military records for the period 2 September 1943 - 8 April 1946 were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from reconstructed records.

5.  The applicant was inducted into the Army on 2 September 1943 and entered active service on 23 September 1943.  His WD AGO Form 53-55 shows he arrived in the European Theater of Operations on 18 March 1945.  Two medical treatment documents show he was treated for an abrasion of the left cornea when a tree branch accidentally hit his eye.  A Battle Casualty Report, WD AGO Form 0365-1, shows he was seriously injured in Germany on 12 April 1945.  Details of the injury are not given.  Another WD AGO Form 0365-1 shows he was returned to duty in Germany on 30 April 1945.  

6.  The applicant departed the theater of operations on 26 March 1946.  He separated on 8 April 1946.  His WD AGO Form 53-55, item 6 shows his organization as Company E, 39th Infantry Regiment.  Item 31 shows he was awarded the Combat Infantryman Badge.  Item 32 shows he was credited with two campaigns.  Item 33 shows he was awarded the American Theater Campaign Medal, the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.  Item 34 shows he was wounded in action on 12 April 1945.

7.  A Request for Decoration and/or Citation, WD AGO Form 106, dated 8 April 1946 and prepared by the Separation Center at Fort Devens, MA requested the applicant be awarded the Purple Heart for being wounded in the left eye on       12 April 1945.  He was authorized issuance of the Purple Heart on 2 May 1946.

8.  Army Regulation 600-8-22 provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record.  

9.  Army Regulation 600-8-22 provides for the award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection 

with military operations against an armed enemy.  It provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical 
Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  

10.  Army Regulation 600-8-22 also provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.  It provides for award of the Army of Occupation Medal with Germany clasp for service in Germany between 9 May 1945 and 5 May 1955.

CONCLUSIONS:

1.  It cannot be conclusively determined if the abrasion to his left cornea accidentally incurred on 8 April 1945 when a tree branch hit his eye is the same injury for which a Purple Heart was requested for an injury to his left eye incurred on 12 April 1945; however, any reasonable doubt should be resolved in favor of the applicant.  His WD AGO Form 53-55, item 34 shows that he was wounded in action; therefore, it would be equitable to add the Purple Heart to his WD AGO Form 53-55.

2.  The evidence of record shows the applicant is authorized to wear two bronze service stars on the European-African-Middle Eastern Campaign Medal.  He met the eligibility criteria for award of the Army of Occupation Medal with Germany clasp.  He is also authorized award of the Bronze Star Medal based upon his award of the Combat Infantryman Badge.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant's WD AGO Form 53-55 be amended to add the Purple Heart, the Bronze Star Medal, and the Army of Occupation Medal with Germany clasp and to show he is authorized to wear two bronze service stars on the European-African-Middle Eastern Campaign Medal.

2.  That the applicant be issued the Purple Heart, the Bronze Star Medal, Army of Occupation Medal with Germany clasp, and two bronze service stars.

BOARD VOTE:  

__CLA__  __MHM__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  ___Celia L. Adolphi___
		        CHAIRPERSON

INDEX

CASE ID | AR2002074740
SUFFIX |
RECON |
DATE BOARDED | 2002/09/05
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 107.0015
2. |
3. |
4. |
5. |
6. |