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Decision Text

ARMY | BCMR | CY2001 | 2001062558C070421
Original file (2001062558C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 23 MAY 2002
         DOCKET NUMBER: AR2001062558


         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:

Mr. Mark D. Manning Chairperson
Mr. Lester Echols Member
Ms. Karen Y. Fletcher 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. He states that he sustained a shrapnel wound while in Germany in March 1945 but his separation document does not indicate receipt of the Purple Heart. In support of his request he submits a copy of his 1946 separation physical examination.

3. The applicant's military personnel file was lost or destroyed by the 1973 fire at the National Personnel Records Center in St. Louis. Information contain herein was reconstructed entirely from documents provided by the applicant.

4. The applicant entered active duty on 19 July 1944 and served in the European Theater of Operations between January and July 1945 where he was awarded the Combat Infantryman Badge.

5. The applicant underwent a separation physical examination on 26 June 1946 at Fort Lewis, Washington. That document indicates that the applicant was treated at the 203rd General Hospital in France in March 1945, for a single shrapnel wound to his left lower leg, which was incurred "in action." The separation physical examination also notes that the applicant's leg showed a "superficial shrapnel scar."

6. The applicant was discharged from active duty on 26 June 1946 as a result of demobilization. His separation document does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."

7. 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.

8. 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 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. Award of the Bronze Star Medal based on the Combat Infantryman or Combat Medical Badge is commonly referred to as a conversion award.



CONCLUSIONS:

1. Although the applicant's separation document does not indicate that the applicant was wounded in action, information contained on the applicant's 1946 separation physical examination tends to support a conclusion that the applicant was wounded. This is particularly true in view of the fact that the separation physical examination also notes that the applicant's leg bears the shrapnel scar. In view of this evidence, the Board concludes that it would be appropriate, and in the interest of justice, to award the applicant the Purple Heart for the wound he sustained in March 1945 while in the European Theater of Operations, and his records should be corrected accordingly.

2. The Board also notes that the applicant is entitled to a Bronze Star Medal as a conversion award based on his Combat Infantryman Badge and his record should be corrected to reflect that decoration.

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:

a. by awarding the individual concerned the Purple Heart for the wound he sustained in March 1945 in the European Theater of Operations; and

b. by showing that he is entitled to a Bronze Star Medal as a conversion award based on his Combat Infantryman Badge.

BOARD VOTE:

__MDM _ __LE____ __KYF _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Mark D. Manning_____
                  CHAIRPERSON




INDEX

CASE ID AR2001062558
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020523
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.


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