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ARMY | BCMR | CY2001 | 2001055809C070420
Original file (2001055809C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2001
         DOCKET NUMBER: AR2001055809


         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Thomas B. Redfern, III Member
Ms. Regan K. Smith 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 for wounds received in combat on Okinawa on 26 May 1945.

3. The applicant states he was wounded in action by a Japanese mortar shell on Okinawa on 26 May 1945 and was not awarded a Purple Heart. In support of his application he submits a copy of his report of separation (WD AGO Form 53-55 and copies of his medical records.

4. The applicant’s military records were partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records. However, the surviving records, as well as the documents submitted by the applicant show that he was inducted at Fort Sam Houston, Texas on 2 March 1942. He completed his training as an infantryman and departed for the Asiatic-Pacific Theater of Operations on 11 July 1943.

5. On 26 May 1945, while serving in the rank of private first class (PFC) in Okinawa, an enemy mortar shell blast hit near his foxhole causing the foxhole to collapse, burying the applicant and rendering him unconscious. He suffered multiple injuries, to include rupturing both eardrums. He was evacuated to a hospital in Guam for treatment. However, there is no indication that he was awarded the Purple Heart. There is a casualty report showing that he was returned to duty on 14 August 1945.

6. He was returned to the United States on 22 October 1945 and was honorably discharged in the rank of sergeant on 18 November 1945, at Fort Sam Houston. His WD AGO Form 53-55 indicates that he had no wounds received in action and there is no indication of an award of the Purple Heart.

7. At the time of separation he was awarded the Combat Infantryman Badge (CIB), the World War II Victory Medal, the American Theater Campaign Medal, the Asiatic-Pacific Campaign Medal with four bronze service stars, the Philippine Liberation Ribbon with two bronze service stars and the Good Conduct Medal. He was subsequently awarded the Bronze Star Medal (based on his award of the CIB); however, there is no indication that his records were ever corrected to reflect that award.

8. Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.



CONCLUSIONS:

1. There is sufficient evidence to show that the applicant was wounded on 26 May 1945 while serving as an infantryman in Okinawa and that he was treated by medical personnel.

2. Therefore, it is reasonable to presume that as result of an administrative oversight, he was not awarded the Purple Heart that he was entitled to receive. Therefore, it would be in the interest of justice to correct this error at this time.

3. Additionally, there is sufficient evidence information to show that he was subsequently awarded the Bronze Star Medal; however, it was not added to his WD AGO Form 53-55. Accordingly, it would be appropriate to do so at this time.

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 by awarding the individual concerned the Purple Heart for wounds received in action against the enemy on 26 May 1945, while serving in the rank of PFC, and by showing that he was awarded the Bronze Star Medal.

BOARD VOTE:

__tbr____ __mkp___ _rks ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Margaret K. Patterson____
                  CHAIRPERSON




INDEX

CASE ID AR2001055809
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/08/07
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 189 110.0000/CORR 214
3. 60 107.0014/BSM
4.
5.
6.


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