PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 January 2003    
	DOCKET NUMBER:   AR2002077194

	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. Raymond V. O’Connor | | Chairperson
| Mr. Arthur A. Omartian | | Member
| Ms. Marla J. Troup | | 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, in effect, that he is entitled to the Purple Heart for injuries incurred to his hands while crossing the Rhine River under fire.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and service medical records.  

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 
10 April 1942.  He served as a heavy machine gunner in the European Theater of Operations from 18 February 1945 through 13 July 1945 and was honorably discharged on 1 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) on his WD AGO Form 53-55 shows the entry, “None.”

6.  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.

7.  Item 11 (List all Significant Diseases, Wounds, and Injuries) on the applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 30 November 1945, shows the entries, “No malaria or syphilis” and “Plastic surgery on nose - poor results 1939.”

8.  In support of his claim for award of the Purple Heart, the applicant provided several service medical records relating to sinus problems.  He also provided several dental records.  However, these medical records do not show that the applicant was wounded or treated for wounds as a result of hostile action during World War II.  

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

10.  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.

11.  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.  The Board noted the applicant’s contention that he is entitled to the Purple Heart for injuries incurred to his hands while crossing the Rhine River under fire.     
2.  There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action during World War II.

3.  The Board considered the service medical records provided in support of the applicant’s claim for award of the Purple Heart.  However, these medical records fail to show that he was wounded or treated for wounds sustained as a result of hostile action.

4.  The applicant signed his discharge document on 1 December 1945 attesting that he was not wounded in action and not entitled to award of the Purple Heart.

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

6.  The applicant received the Combat Infantryman Badge during World War II.  Therefore, the applicant is entitled to the Bronze Star Medal (based on award of the Combat Infantryman Badge).  Therefore, the applicant’s discharge document should be amended to show this medal.  

7.  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:  

RVO___  AAO____  MJT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor________
		        CHAIRPERSON

INDEX

CASE ID | AR2002077194
SUFFIX |
RECON |
DATE BOARDED | 20030116
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. |