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Decision Text

ARMY | BCMR | CY2001 | 2001053352C070420
Original file (2001053352C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 August 2001
         DOCKET NUMBER: AR2001053352


         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
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. James E. Vick Chairperson
Ms. Barbara J. Ellis Member
Mr. William D. Barr 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 he be awarded the Purple Heart.

3. The applicant states his WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, Item 34, Wounds Received in Action, has “Pacific Theater, 6 July 43” entered, which confirms that he should have been awarded the Purple Heart.

4. The applicant’s military records show that he enlisted in the Army National Guard on 19 February 1940 and entered on active duty on 24 February 1941. He served in the Asiatic Pacific Theater of Operations as an infantryman from 26 October 1942 to 8 May 1945.

5. The applicant’s health records show that he was treated for a mortar fragment wound to his right tibia on 6 July 1943.

6. On 5 June 1945 the applicant was honorably released from active duty. His WD AGO Form 53-55 shows that he was awarded the Good Conduct Medal, the American Defense Service Medal, the Asiatic Pacific Theater Campaign Ribbon with 2 service stars, and the Combat Infantryman Badge.

7. The applicant later entered on active duty and served in both an enlisted and commissioned status, ultimately retiring for years of service in pay grade E-8 on 31 August 1970.

8. 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.

9. This regulation further provides 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 such 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 applicant met the criteria for award of the Purple Heart when he was wounded during WWII.
2. In addition, the applicant is entitled to award of the Bronze Star Medal due to his award of the Combat Infantryman Badge during WWII.

3. 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 by:

a. awarding to the individual concerned the Purple Heart for a mortar fragment wound he sustained while engaged in combat on 6 July 1943; and

b. awarding to him the Bronze Star Medal for his service during WWII.

BOARD VOTE:

___jev__ ___bje___ ____wdb_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________James E. Vick____
                  CHAIRPERSON




INDEX

CASE ID AR2001053352
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010821
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.
2.
3.
4.
5.
6.


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