PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 March 2002
         DOCKET NUMBER: AR2001064126


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Donald P. Hupman		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.

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2. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

3. The applicant states, in effect, that he sustained injuries to his right hand, wrist, arm, and knee and to his left inner thigh. The applicant also contends that he has post-traumatic stress disorder (PTSD), a mental health disorder. In support of application, he submitted a 21 August 1984 statement from a doctor of orthopaedic surgery, an undated statement from the applicant, a 21 September 2001 statement by the applicant, and an 8 February 2002 letter of explanation by the applicant’s son.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he entered active duty on 18 September 1942 and served in the Asiatic-Pacific Theater of Operations from 26 August 1944 through 2 December 1945. The applicant was honorably discharged effective 7 January 1946.

5. The applicant’s WD AGO 53-55, which is authenticated in his own hand, does not show the Purple Heart as an authorized award in item 33 (Decorations and Citations). Item 34 (Wounds Received in Action) contains the entry, “NONE.”

6. The applicant’s WD AGO Form 53-55 shows in item 31 (Military Qualification and Date) that he was awarded the Combat Infantryman Badge. His record of service also shows that he served over 23 months of “Continental Service.”

7. There are no orders in the limited service personnel records available to the Board which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.

8. The 21 August 1984 letter from the doctor of orthopaedic surgery describes the applicant’s traumatic arthritis of the right wrist and that surgery was performed in August 1968 to correct this condition. This letter also describes a fatigue fracture of the lower radius which was treated with a cast. The doctor also wrote that the applicant a medial mescectomy, medial debridement and excision of loose body of the right knee in October 1970. This letter does not provide any evidence of wounds sustained as a result of hostile action.

9. The undated letter of explanation is signed by the applicant, but was apparently prepared by the applicant’s son. This letter states that foreign matter was removed from the applicant’s knee during the October 1970 surgery. It also contends that the applicant sustained shrapnel from the “battle in Burma 1945” and the shrapnel is still in his body. The letter quotes the applicant as stating that none of his military records show that he was wounded because the lady at the separation center asked if he was hurt or wounded and the applicant responded, “no.” The applicant’s son further contends that his father has limited writing and reading skills which may have played an important part in understanding the importance of the question regarding his wounds at the time of his separation from the Army.

10. The 21 September 2001 letter of explanation states that the applicant was injured in Texas approximately a week before leaving for Burma. The letter also states that the applicant sustained shrapnel wounds to the right knee and thigh in Burma in 1945 and was treated by a medical aidman who was later killed. The applicant contends that his squad was cut off from the rest of the unit and lived off the land until they could rejoin his unit. Based on this event, he states that he was presumed missing in action and killed in action. The letter also states that he received a check for $40.00 from the military and received two notices to report for a medical check up, but did not report on time and was turned away. In conclusion, the letter describes the wrist surgery again and indicates that the Department of Veterans Affairs paid for the surgery.

11. The 8 February 2002 letter, signed by the applicant’s son, provided a copy of the applicant’s discharge document and restated the information contained in the letters previously described. The applicant’s son also requests information on an entry overprinted on the applicant’s WD AGO Form 53-55. The response to this question has been addressed by separate correspondence and is not addressed further in these proceedings.

12. The Board noted that the applicant may be entitled to other decorations and awards in addition to award of the Asiatic-Pacific Service Medal, the Good Conduct Medal and the World War II Victory Medal shown on his WD AGO Form 53-55. The Board noted that the applicant was awarded the Combat Infantryman Badge, but that his discharge document does not show award of the Bronze Star Medal based on award of the Combat Infantryman Badge. The Board also noted that the applicant completed over 23 months of “Continental Service,” but there is no evidence that he was awarded the American Campaign Medal.

13. 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

14. 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.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

CONCLUSIONS:

1. The Board considered the applicant’s contentions and the statements in support of award of the Purple Heart in this case.

2. There is no evidence available in the military records available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action or that he now suffers from PTSD.

3. The Board reviewed the information provided by the orthopaedic surgeon. The statement by this doctor does not provide any information which supports the applicant’s contention that he was wounded as a result of hostile action.

4. The Board also considered the contentions the applicant that, at the time of his separation from the Army, incorrectly answered the question in regard to being wounded or injured and that limited writing and reading skills adversely impacted his ability to understand and properly respond to this question. However, the Board also determined that the primary source of information for completing the applicant’s WD AGO Form 53-55 was his WD AGO Form 24 (Service Record) which would have shown wounds sustained by the applicant and award of the Purple Heart. Entries on the WD AGO Form 53-55 would not have been made solely on the basis of verbal statements by the service member unless the WD AGO Form 53-55 stated that it was prepared based on temporary records and the soldier’s affidavit.

5. After review of all the matters in regard to award of the Purple Heart, the Board determined that there is insufficient evidence in this case to correct the applicant’s records to show that he was wounded in action and was awarded or otherwise entitled to award of the Purple Heart.

6. The applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this decoration.

7. Evidence of record shows that the applicant completed qualifying “Continental Service” for award of the American Campaign Medal; therefore, he is entitled to correction of his records to show this service award.

8. 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 the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and was awarded the American Campaign Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___FNE__ __TBR__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064126
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020305
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.