PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 May 2002
         DOCKET NUMBER: AR2002069938


         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. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Thomas Lanyi		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, in effect, that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he is entitled to award of the PH for wounds suffered while serving the Philippines during World War II. He claims that the PH was incorrectly not listed in the separation document (WD AGO
53-55) issued to him upon his release from active duty. In support of his application, he submits a copy of his WD AGO Form 53-55, a Department of Veterans Affairs (VA) service organization appointment document (VA Form
21-22), and a letter of support from his family practice physician.

4. The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States and entered active duty on 19 October 1944. He continuously served on active duty for 2 years, 4 months, and 23 days until being honorably separated, in the rank of private first class (PFC), on 11 March 1946. This document also shows that he served in the Pacific Theater of Operations (PTO) and participated in the Luzon campaign of World War II. It also shows that during his tenure on active duty, he earned the following awards: Asiatic-Pacific Campaign Medal with 1 bronze service star; Philippine Liberation Ribbon with
1 bronze service star; Combat Infantryman Badge (CIB); and World War II Victory Medal.

5. The applicant’s separation document does not include the PH in the list of authorized awards contained in Item 33 (Decorations and Citations) and Item
34 (Wounds Received in Action) contains the entry “None”, indicating that he was not wounded in action during his active duty tenure.

6. The available evidence did include a hospital admission record pertaining to the applicant, dated 3 August 1946. This document confirms that he was treated as a non-battle casualty in the PTO after being involved in a truck accident on
13 August 1945. This treatment record confirms he was diagnosed with a brain concussion and nerve injury; however, it contains no suggestion that the accident and resultant injuries were the result of any specific enemy action.

7. The letter of support from his physician provided by the applicant states that a piece of shrapnel that had been sequestered in heavy scar tissue was removed from the applicant’s abdomen in 1984. However, letter does not confirm the source of the shrapnel nor does it contain any confirmation that the shrapnel injury was received in action during World War II.

---

8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

9. Paragraph 3-13d provides, in pertinent part, that the Bronze Star Medal (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 such achievement or service during that period was confirmed by documents executed prior to 1 July 1947. The regulation further stipulates that award of the CIB is considered to be a citation in orders for this purpose.

10. Chapter 4 contains guidance on awarding the Army Good Conduct Medal (AGCM) and states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. A qualifying period is defined as a 3 year period of continuous enlisted active Federal military service served after
27 August 1940. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to the PH for being wounded in action during World War II, but it finds this claim lacks merit. By regulation, in order to support awarding the PH, there must be evidence to prove that a member was wounded or injured in action against the enemy, that this wound or injury received in action required treatment by military medical personnel, and this record of treatment must have been made a matter of official record.

2. The available evidence does confirm that the applicant was injured in a truck accident while serving in the PTO during World War II and that he was treated as a non-battle casualty. It also verifies that a piece of shrapnel was removed from his abdomen in 1984. However, it does not show that he was ever wounded or injured in action against the enemy or that the shrapnel removed was received during action with the enemy.

3. The Board wishes to thank and congratulate the applicant for his outstanding combat service during World War II and to make clear to him that the veracity of his contention is not in question. However, lacking evidence to confirm that he was ever wounded or injured in action against the enemy or that he was ever recommended for or awarded the PH, the Board finds an insufficient evidentiary basis to support his claim of entitlement to the PH and/or that satisfies the regulatory burden of proof necessary to award the PH. Therefore, the Board is compelled to deny the requested relief in the interest of fairness to all those who served in World War II and who face similar circumstances.

4. During the review of this case, the Board did discover that the applicant is entitled to awards he did not include in his request and determined it would be appropriate to act on these awards. By regulation, the BSM is authorized for each individual who earned the CIB between 7 December 1941 and 2 September 1945 and the available evidence confirms that the applicant was awarded the CIB for combat service during World War II. Therefore, the Board concludes he is entitled to be awarded the BSM based on this regulatory criteria and that it would be appropriate to add this award to his record at this time.

5. In addition, lacking a specific disqualification or any derogatory information on file that would preclude his receiving the AGCM, the Board finds that the applicant is entitled to the first award of the AGCM for his period of honorable qualifying service from 19 October 1944 to 11 March 1946. Therefore, the Board concludes that it would also be appropriate to add this award to his records at this time.

6. 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 awarding the individual concerned the Bronze Star Medal for his exemplary conduct in ground combat during World War II, and the first award of the Army Good Conduct Medal for his honorable period of qualifying service from 19 October 1944 to 11 March 1946; and by providing him a corrected separation document that reflects these awards.

---

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

BOARD VOTE:

__JLP___ ___BJE__ __TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater___
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002069938
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/05/21
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.