PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 July 2002
         DOCKET NUMBER: AR2002073322


         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. Ted S. Kanamine		Chairperson
Mr. Harry B. Oberg		Member
Mr. John T. Meixell		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 award of the Purple Heart and correction of item 34 (Wounds Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge) to show a wound to the right eye.

3. The applicant states he was wounded in action as verified by the Department of Veterans Affairs (DVA) in its service connected disability rating.

4. In support of his application, the applicant submitted a 24 April 1998 letter from a former Private First Class who states that he observed the event in which the applicant was wounded; a 12 April 1998 letter from another former Private First Class who repeats what he heard from other soldiers about the applicant’s wounding; a 7 December 1998 letter from the applicant’s daughter describing his condition when he returned from the war, a 12 April 1998 letter from a relative stating that the applicant wrote to her in May 1945 about his wounds after being blown out of a foxhole; a 21 April 2000 letter from a fellow worker at a meat company who described the applicant’s injuries; a 19 July 1999 letter which amended his DVA claim; a VA Form 21-4138 (Statement in Support of Claim), dated 6 December 1999; an undated letter from the DVA regarding VA insurance; a letter to service members from President Truman; a flyer for a unit Party, dated 6 September 1945; a roster of members of Company L, 306th Infantry; a DVA Rating Decision, dated 20 March 2000.

5. The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Records available to the Board were obtained from alternate sources and show that the applicant entered active duty on 23 September 1944. He served in the Asiatic-Pacific Theater of Operations from 25 February 1945 to 26 January 1946. The applicant was honorably discharged on 15 December 1946.

6. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show the Purple Heart as an authorized award. The applicant’s WD AGO Form 53-55 shows the entry “None” in item 34 (Wounds Received in Action).

7. A search of the sick reports for the 306th Infantry Regiment did not reveal any remarks regarding the applicant. A search of the hospital admission reports of the Office of The Surgeon General of the Army did not provide any record that the applicant was admitted or treated for wounds received as a result of hostile action.

8. The DVA rating decision, dated 23 February 2000, does not indicate that the applicant’s medical records show he was wounded or treated for wounds. The list of evidence shows only statements from doctors, veterans service officers and physical examinations dated 29 December 1999 and 6 January 2000. The record reflects that the applicant told the physician conducting the DVA medical examination that he was wounded during World War II. The DVA granted service connection for a “right forehead scar” with an evaluation effective of zero percent effective 4 May 1998, but denied service connection for a right eye injury, for hearing loss, residuals of a left hand injury, for a low back condition, and for post traumatic stress disorder.

9. The Board noted that the applicant was awarded the Combat Infantryman Badge during his service in World War II. However, his records do not show award of the Bronze Star Medal.

10. The Board also noted that the applicant participated in one campaign (Ryukyus) during World War II; however his records do not show award of a bronze service star to be worn on his Asiatic-Pacific Campaign Medal.

11. 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.

12. 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.

13. 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. This regulation lists the Ryukyus Campaign (26 March 1945 to 2 July 1945).

CONCLUSIONS:

1. The Board considered the applicant’s request for award of the Purple Heart. The Board also reviewed the letters of support and the DVA rating decision submitted by the applicant.

2. There is no medical evidence or other evidence of record which shows that the applicant was wounded during World War II or treated for wounds as a result of hostile action. Further the Board noted that the applicant authenticated his WD AGO Form 53-55 which shows that he was not wounded and was not authorized the Purple Heart.

3. In reviewing the documents submitted by the applicant the Board noted that all the statements in support of his claim were made well over 50 years after the alleged wounding. The fellow soldiers who made statements indicate that they were told about the applicant’s wounding and/or do not provide the dates of key events and specific details. The conditions described a fellow worker at a meat plant and a relative were not borne out by the DVA rating decision in that service connection for the back condition, hearing loss and right eye injury was denied. Further, the DVA rating decision clearly points out that the applicant told the doctor how he received the scar on his forehead. The rating decision also does not state that service medical records were available to support evidence of wounds or treatment of wounds. Therefore, the Board concluded that these statements and other documents prepared over 50 years after the fact are insufficient by themselves as a basis for award of the Purple Heart, particularly in view of the evidence of record prepared at the time of the applicant’s separation from the service which shows that he was not awarded the Purple Heart and was not wounded as a result of hostile action.

4. Based on review of all the evidence in this case, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

5. The applicant received 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.

6. Evidence of record shows the applicant participated in one campaign during World War II; therefore, he is entitled to award of one bronze service star to be worn on is Asiatic-Pacific Service Medal. Further, the applicant is entitled to correction of his WD AGO Form 53-55 to show the Asiatic-Pacific Service Medal with one bronze service star.

7. 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 one bronze service star to be worn on his Asiatic-Pacific Service Medal.

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

BOARD VOTE:

__JTM___ __TSK__ __HBO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Ted S. Kanamine___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073322
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020711
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.