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Decision Text

ARMY | BCMR | CY2002 | 2002068494C070402
Original file (2002068494C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR2002068494


         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
Mrs. Joyce A. Hall Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Ms. Margaret V. Thompson Member
Mr. Richard T. Dunbar 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.

3. The applicant states, in effect, that he believes he is entitled to the award of the Purple Heart. He served in the Asiatic-Pacific Theater from 1944 to 1946. While serving in the Asiatic-Pacific Theater, he was treated for jungle rot, coral poisoning, and malaria.

4. The applicant’s military records show that he was inducted into the Army of the United States on 9 August 1943. He departed for assignment in the Asiatic-Pacific Theater on or about 11 May 1944. He was assigned to Company I, 182nd Infantry Regiment; Company B, 322nd Infantry Regiment; and the 781st Ordnance Company. On or about 14 January 1946, he departed the Asiatic-Pacific Theater.

5. On 4 February 1946, the applicant was honorably discharged from active duty. He completed 2 years, 5 months, and 6 days of creditable active service.
His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows as authorized awards the Combat Infantryman Badge, the World War II Victory Medal, the Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon with one Bronze Service Star, the Army Good Conduct Medal, and the Meritorious Unit Emblem. It does not show the Purple Heart as an authorized award.

6. Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55
shows the entry NONE. The applicant authenticated his WD AGO 53-55 in his own hand at the time of his discharge from the Army.

7. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his record that shows he was wounded or was treated for an injury that resulted from hostile action. His medical records are not available for review.

8. The applicant’s WD AGO 53-55, item 32 (Battles and Campaigns) shows that he participated in two campaigns during his assignment in the Asiatic-Pacific Theater-- Northern Solomons and Southern Philippines.

9. DA Form 1577 (Authorization for Issuance of Awards) dated 21 November 1968 filed in the applicant’s official military personnel record awarded him the
Bronze Star Medal based on his award of the Combat Infantryman Badge.

10. 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.

11. 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.

12. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. There is no evidence of record available to the Board, and the applicant has not provided any evidence, which shows he was wounded due to hostile action during World War II. Coral poisoning and jungle rot were not caused by enemy action and no provisions were made for awarding the Purple Heart for coral poisoning or jungle rot. Therefore, it appears he does not meet the criteria for award of the Purple Heart.

2. The evidence of record shows that the applicant served in the Asiatic-Pacific Theater during two campaigns, entitling him to wear two bronze service stars with the Asiatic-Pacific Campaign Medal. The evidence of record also shows that the applicant was awarded the Combat Infantryman Badge. Therefore, based on the award of the Combat Infantryman Badge he is entitled to the award of the Bronze Star Medal.

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 amending the applicant’s WD AGO 53-55 to reflect award of the Bronze Star Medal and two bronze service stars to be worn with the Asiatic-Pacific Campaign Medal.

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

BOARD VOTE:

__JHL__ __MVT__ ___RTD__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___JoAnn H. Langston _
                  CHAIRPERSON





INDEX

CASE ID AR2002068494
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/10/17
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION PARTIAL
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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