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ARMY | BCMR | CY2002 | 2002070228C070402
Original file (2002070228C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 October 2002
         DOCKET NUMBER: AR2002070228

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Margaret K. Patterson Member
Mr. Arthur A. Omartian Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That he be awarded the Purple Heart (PH) and the Bronze Star Medal (BSM).

APPLICANT STATES: He is entitled to the BSM because he was awarded the Combat Infantryman Badge (CIB). As for the PH, he states that he sustained fragment wounds while in combat.

EVIDENCE OF RECORD: The applicant's military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1971. The following information was derived from the applicant's separation document.

He was inducted on 12 October 1944, was awarded the military occupational specialty of light truck driver, served in the Asiatic-Pacific Theater of Operations from 12 March 1945 to 29 August 1946, was promoted to Tec 5, and was credited with participation in the Luzon Campaign.

His awards and decorations consist of the Asiatic-Pacific Campaign Medal with 1 bronze service star, the CIB, the Philippine Liberation Medal with 1 bronze service star, the Good Conduct Medal, the Army of Occupation Medal (Japan), and the WWII Victory Medal.

Item 34 of his separation document, Wounds Received In Action, has "None" entered.

Army Regulation 600-8-22 provides 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.

Army Regulation 600-8-22 also provides that the 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 such 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.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. There is insufficient evidence to verify that the applicant was wounded in action. As such, the Board cannot recommend that he be awarded the PH.

2. However, the applicant is correct in that he is entitled to the BSM based on his CIB. Since this award is provided for by regulation, it does not require the authority of the Board to bestow.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Boards Agency Support Division, St. Louis, Missouri, will be requested to award the applicant the BSM based upon his CIB.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___aao __ ___rvo__ ___mkp__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002070228
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021001
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.
2.
3.
4.
5.
6.


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