PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            23 JULY 2002                   
	DOCKET NUMBER:   AR2002075312

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Gail J. Wire		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 records be corrected to reflect award of the Purple Heart.  He states, in effect, that he sustained a shrapnel wound under his eye just after crossing the Rhine River with his unit on 21 March 1945.  He states that there was a lot of blood and "after our medic (Doc Br) cleaned it up we figured I didn't have to go back to the Aid Station, so he [Doc Br] bandaged it up." The applicant states that later on that day he was given the Purple Heart, which he mailed home to his mother.  He notes that at the time of his discharge he noticed that the award was not recorded on his separation document, but he was young and wanted to be discharged so he made no mention of the error.  The applicant states that he has subsequently, over the years, thought about getting the error corrected but it was not until he located "a fox hole buddy" that he decided to pursue having his records corrected.  In addition to his self-authored statement, the applicant submits a statement from another former soldier, and a photocopy of his Purple Heart Medal to support of his request.

3.  The applicant's military personnel file was apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including information provided by the applicant and information extracted from files maintained by the National Archives.

4.  The applicant entered active duty on 25 August 1944 and was assigned to the European African Middle-Eastern Theater of Operations in February 1945.  He was assigned to Company L of the 38th Infantry Regiment.  On 24 April 1945 the applicant was awarded the Combat Infantryman Badge.

5.  A regimental history document for the 38th Infantry Regiment was on file at the National Archives.  That history, which was authored in January 1946, summarized the activities of the regiment during Calendar Year 1945.  That document confirms that the applicant's unit crossed the Rhine River in early March 1945 and engaged enemy forces between 21 and 24 March.  The document specifically notes that Company L was engaged in a "sharp fire fight" on 23 March 1945 which resulted in the capture of Ehlscheid, a small German town.  Those same files contain an extensive listing of regimental members who were wounded or killed in action during March 1945, which was compiled in 1946.  The applicant's name, however, is not among those reported as wounded in action.

6.  The applicant was awarded the Army Good Conduct Medal on 22 June 1945 and in July 1945 returned to the United States.  He was discharged by reason of demobilization on 22 June 1946 at Fort Sam Houston, Texas.

7.  The applicant's separation document, which he authenticated, does not list the Purple Heart as an authorized decoration and item 34 (wounds received in action) reflects "None."

8.  There were no service medical records available to the Board, or provided by the applicant.

9.  The certified witness statement, submitted in support of the applicant's request, was authored in January 2000.  The author notes that he was with the applicant at the time he sustained his injury and witnessed the fact that the applicant sustained an injury to his cheek when he was hit by "mortar shell fragments in a German town in early 1945."  The author states that he saw the applicant's Purple Heart Medal.  The author also submits a copy of his separation document, which confirms that he was a member of the applicant's unit during the period in question.

10.  Additionally, documents from files at the National Archives confirm that the "Doc Br" who treated the applicant's wound was a member of the same infantry regiment and was awarded a Combat Medical Badge in May 1945, which was "effective" 2 September 1944.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

12.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medical Badge for service during World War II.  Awards of the Bronze Star Medal based on an award of the Combat Infantry or Combat Medical Badge is commonly referred to as a conversion award.

CONCLUSIONS:

1.  Notwithstanding the fact that there are no medical records to confirm that the applicant was wounded, or that his name was not among those reported as wounded in action by the regimental history authored in 1946, the Board is convinced that the applicant was wound on 23 March 1945.  As such, the Board concludes that it would be appropriate to award him the Purple Heart.

2.  The Board notes that unit history files and the witness statement from a former unit member are both consistent with the applicant's recollection of the events surrounding his injury.  It is understandable that because he was treated by a medical corpsman that treatment would not have found its way onto a list of wounded individuals, particularly when that list appears to have been compiled nearly a year after the event occurred.  The available evidence does confirm that the witness statement was authored by a member of the applicant's unit and the medical corpsman, who treated the applicant, was also a member of the applicant's regiment.

3.  The Board also notes that the applicant is entitled to a Bronze Star Medal as a conversion award based on his Combat Infantryman Badge.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by awarding the individual concerned the Purple Heart for a wound sustained on 23 March 1945; and

b.  by showing that he is entitled to the Bronze Star Medal as a conversion award.

BOARD VOTE:  

__JLP___  __HOF__  __GJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater  ___
		        CHAIRPERSON

INDEX

CASE ID	AR2002075312	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020723	
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.