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Decision Text

ARMY | BCMR | CY2002 | 2002066944C070402
Original file (2002066944C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 2 April 2002
         DOCKET NUMBER: AR2002066944


         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. Lee Cates Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Curtis L. Greenway 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 his records be corrected to show award of the Purple Heart (PH).

3. The applicant states that he was wounded during World War II and suffered the loss of part of a finger.

4. The applicant’s military records show that on 21 November 1942, he was inducted into the Army of the United States. He entered active duty on 28 November 1942. He completed his required training and was awarded military occupational specialty 014 (Automobile Mechanic).

5. On 16 January 1944, he departed the United States for the Asiatic Pacific Theater of Operations. During the period 21 February 1944 to 27 November 1945, he served in New Guinea. He returned to the Untied States on 14 December 1945.

6. On 1 August 1944, Office of the Surgeon General records show that the applicant was admitted to the 6th Station Hospital for a non-battle injury, caused by machinery, which required amputation.

7. On 28 December 1945, he was honorably discharged under Army Regulation 615-365, for the convenience of the Government (Demobilization). His separation document indicates he had 3 years, 1 month and 1 day of a creditable service. He was authorized the Good Conduct Medal, the Meritorious Unit Award, the Philippine Liberation Ribbon with 1 bronze star, the American Campaign Medal, the Asiatic Pacific Campaign Medal with 2 bronze stars, the World War II Victory Medal, and the Combat Infantryman Badge (CIB).

8. Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant’s injury was not as a result of hostile action, but a machinery accident.

2. The Board notes, however, that the applicant was awarded the CIB and therefore entitled to award of the BSM and his records should be corrected accordingly.

3. In view of the foregoing, the applicant’s records should be corrected 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 BSM based on award of the CIB.

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

BOARD VOTE:

_wtm____ __rks___ _clg____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Walter T. Morrison
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2002066944
SUFFIX
RECON
DATE BOARDED 20020402
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.014
2.
3.
4.
5.
6.


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