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ARMY | BCMR | CY2002 | 2002077444C070215
Original file (2002077444C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 October 2002
         DOCKET NUMBER: AR2002077444


         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
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Curtis L. Greenway Chairperson
Ms. Regan K. Smith Member
Mr. Donald P. Hupman 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 is entitled to award of the Purple Heart for a shrapnel wound to his head during World War II. He contends that he was hit by enemy shrapnel in the occipital part of his brain, that he was knocked unconscious for approximately three days and that he woke up in the hospital. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a letter of explanation, dated
7 August 2002; a Morning Report, dated 12 June 1945; a Report of Contact, dated 30 August 2001; a Veterans Affairs medical record, dated 12 June 2001; two letters, dated 2 April 2002 and 7 August 2002, from his neurologist; a letter, dated 13 May 2002, from the Maryland Department of Veterans Affairs; a memorandum, dated 24 August 2001; a Reply to National Personnel Records Center Inquiry, dated 13 May 1998; a letter, dated 22 September 1976; a newspaper article from the Capitol, dated 17 March 2000; a letter, dated
2 October 2002, from an oncologist; a letter, dated 23 August 2002, from the applicant to the Maryland Department of Veterans Affairs; a letter, dated
20 September 2002, from the applicant to the Maryland Department of Veterans Affairs; a laboratory report, dated 2 July 2002; a newspaper article; a photograph of medals; an article titled “VA Vows to End Claims Backlog”; a document titled “A Story That Can’t be Printed”; a letter, dated 6 September 2001, from the applicant to the Army World Wide Locator; a transcript of the ABC News Show 20/20 televised on 2 June 2000; an article titled “Veterans Share Histories with Library of Congress”; a letter, dated 11 April 2002; a laboratory report, dated
2 April 2002; a letter, dated 16 June 2002, from the applicant to the Military Awards Branch; and a letter of explanation, dated 11 October 2002.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 12 April 1940. He served as a high speed radio operator in the Asiatic Pacific Theater of Operations and was honorably discharged on 19 September 1945.

5. The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 shows the entry, “None”.

6. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 10 June 1945 for 2 days in the Central South Pacific, for a non-battle injury to his head (occipital region). This medical record also shows that the applicant struck his head on an object while on work detail.

7. The applicant provided a Morning Report which shows that he was reassigned from the 36th Field Hospital to duty on 12 June 1945.
8. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

9. The applicant’s WD AGO Form 53-55 shows entitlement to the Asiatic-Pacific Campaign Medal. His WD AGO Form 53-55 also shows that he participated in two battles and campaigns during World War II.

10. Army Regulation 600-8-22 (Military Awards) 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 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Campaign Medal.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and
31 December 1946, both dates inclusive.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was hit by enemy shrapnel in the occipital part of his brain during World War II. However, medical evidence of record shows the applicant was hospitalized on 10 June 1945 for a non-battle injury to his head (occipital region) sustained while on work detail in the Central South Pacific.

2. There is no evidence of record which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.

3. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4. The applicant’s WD AGO Form 53-55 shows the Asiatic-Pacific Campaign Medal as an authorized award. However, evidence of record shows the applicant participated in two battles and campaigns during World War II which are not correctly shown by award of two bronze service stars for wear on his Asiatic-Pacific Campaign Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Asiatic-Pacific Campaign Medal with two bronze service stars and correction of his WD AGO Form 53-55 to show these awards.

5. Based on the applicant’s honorable service from 12 April 1940 through
19 September 1945, he is entitled to award of the World War II Victory Medal. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

6. 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 that the individual concerned was awarded the Asiatic-Pacific Campaign Medal with two bronze service stars and the World War II Victory Medal.

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

BOARD VOTE:

CLG___ RKS_____ DPH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Curtis L. Greenway_
                  CHAIRPERSON




INDEX

CASE ID AR2002077444
SUFFIX
RECON
DATE BOARDED 20021031
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0000
3.
4.
5.
6.


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