| Mr. Carl W. S. Chun | Director | |
| Mr. W. E. Schnupp | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Thomas F. Baxter | Member |
APPLICANT REQUESTS: That he be awarded the 2nd Oak Leaf Cluster (OLC) to the Purple Heart.
APPLICANT STATES: That on 22 April 1945, while on a reconnaissance patrol he was wounded by a sniper in the right arm. Later that day while in enemy territory, he was struck in the leg and back by shrapnel. He says that he was awarded the 1st OLC to the Purple Heart for these wounds. He contends that since he was wounded on two separate occasions he is entitled to a 2nd OLC to the Purple Heart.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 16 June 1943, was awarded the military occupational specialty of rifleman and served in the European Theater of Operations from April 1944 to August 1945. He was honorably discharged at demobilization on 15 November 1945 in the grade of private first class.
His awards include the Purple Heart with 1st OLC, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 3 Bronze Service Stars, the World War II Victory Medal, the Good Conduct Medal, the Combat Infantryman Badge (CIB) and the World War II Honorable Service Lapel Button. He was subsequently awarded the Bronze Star Medal (BSM) based on the award of the CIB, however, this award is not reflected on his WD AGO Form 53-55, Enlisted Record and Report of Separation.
Battle Casualty Reports in the applicant’s record show that he was wounded in action on 26 September 1944 and 22 April 1945. He was awarded the Purple Heart with 1st OLC for these two wounds.
An Abbreviated Clinical Record from the 170th Evacuation Hospital shows that the applicant was treated at 2330 on 23 April 1945 for a penetrating wound to the right arm and multiple abrasions to the right thigh and leg.
Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is authorized for the first wound suffered as a result of an act of a hostile force, but for each subsequent award an OLC will be awarded to be worn on the medal or ribbon. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion or agent.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant contends that he was wounded on two different occasions on the same day and should be authorized two OLC’s to his Purple Heart rather than just one.
2. While the Board agrees with his contention, the available records do not differentiate the times that he received the bullet wound to the arm and the abrasions to the thigh and leg. In point of fact, the Abbreviated Clinical Record shows that he was treated for both wounds at 2330 hours on 23 April 1945. Although both wounds may not have occurred simultaneously, as the record suggests, in the absence of evidence to the contrary, and the applicant has submitted no such evidence, there are no grounds for the Board to approve a 2nd OLC to the Purple Heart.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Army Review Boards Agency Support Division - St. Louis is requested to issue a correction to the applicant’s WD AGO Form 53-55 reflecting his award of the BSM based on the CIB.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__wtm __ ___jtm___ ___tfb __ DENY APPLICATION
| CASE ID | AR2001051168 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010403 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. 107.00 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2005 | 20050005334C070206
Delia R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The evidence of record confirms the applicant was awarded the PH with 1st Oak Leaf Cluster for being wounded in action in the ETO on 19 April and 25 May 1944.
ARMY | BCMR | CY2011 | 20110023218
Application for correction of military records (with supporting documents provided, if any). The applicant is therefore not entitled to award of the BSM since there is no evidence to show the applicant is eligible for the CIB thereby making him eligible for award of the BSM based on award of the CIB for his service during World War II. There is no evidence of record and he provided insufficient evidence to show he sustained or was treated for wounds received as a result of hostile action...
ARMY | BCMR | CY2008 | 20080006062
The applicants military records are not available to the Board for review. The applicant provides a copy of a BSM with 1st OLC Certificate, dated 6 March 1959, which was issued by the OTAG, St. Louis, for the applicant's meritorious achievement in ground operations against the enemy in the ETO during World War II and was based on his having earned the CIB. The available evidence confirms the applicant was initially awarded the BSM with "V" Device for his heroism on 13 March 1945, as...
ARMY | BCMR | CY2014 | 20140016895
BOARD DATE: 7 May 2015 DOCKET NUMBER: AR20140016895 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His WD AGO Form 53-55 issued at the time of his discharge shows that he was awarded the Good Conduct Medal, Purple Heart 1OLC, Belgian Fourragere, WWII Victory Medal, American Theater Ribbon, European-African-Middle Eastern Theater Ribbon with three bronze service stars and the Combat Infantryman Badge (CIB). _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2005 | 20050006195C070206
The applicant states, in effect, that he is entitled to the PH based on shrapnel wounds he received in his right leg on 7 October 1944, and this award should be added to the awards listed on his separation document (WD AGO Form 53-55). It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2001 | 2001058867C070421
He states that his injury is documented in Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). 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. That all of the...
ARMY | BCMR | CY2003 | 2003083963C070212
The Board considered the following evidence: Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AOM is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. The applicant served in the ETO between 5 August 1944 and 29 December 1945 and was awarded the European-African-Middle Eastern Campaign Medal.
ARMY | BCMR | CY2004 | 2004102017C070208
Patrick H. McGann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the WD AGO Form 53-55 (Enlisted Record and Report of Separation) pertaining to her deceased father, a former service member (FSM), be corrected to add the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). The evidence of record shows the FSM was awarded the CIB after he separated.
ARMY | BCMR | CY2009 | 20090013059
Chapter 5 of the awards regulation contains guidance on service medals and service ribbons. Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2008 | 20080010202
The applicant states, in effect, that he should be awarded the PH for being wounded in action on 19 February 1945. This case is being considered using a reconstructed file from NPRC and documents provided by the applicant, which include the applicant's WD AGO Form 53-55, Army Separation Qualification Record (WD AGO Form 100), Certificate of Disability for Discharge (WD AGO Form 40), and Medical Record Documents. The evidence confirms the applicant was awarded the BSM during his active duty...