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ARMY | BCMR | CY2002 | 2002077930C070215
Original file (2002077930C070215.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 February 2003
         DOCKET NUMBER: AR2002077930

         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
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Ms. Regan K. Smith Member
Mr. Antonio Uribe 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, the Combat Infantryman Badge (CIB), and the award from the government of China/Taiwan for fighting the imperial marines who raped Nanking.

APPLICANT STATES: That in April 1944 they were “next to Rocket Blue an armor piercing naval shell buried itself in front of me then exploded.” He was knocked up into the air and shrapnel hit his feet. At the time, there was so much action he did not seek medical care. He put antiseptic on the wounds himself. He was in the 164th Infantry on Bourgainville in the Solomon islands. His outfit most of the time on Bougainville was Service Company, 164th Infantry. They were constantly around artillery, both outgoing and incoming. Every time there was an action, they were sent to the front lines. They were reserve for the island. There were 10 major battles in 7 days. He was evacuated from the island in November 1944 and sent home for discharge due to post-traumatic stress disorder. He provides no supporting evidence.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

The applicant’s WD AGO Form 53-55 shows he was inducted into the Army on 12 April 1943. He arrived in the Southwest Pacific Theater of Operations on 25 October 1943. He departed the theater on 3 December 1944 and received participation credit for the Northern Solomons Campaign. He was separated on a certificate of disability discharge on 10 February 1945. Item 30 of his WD AGO Form 53-55 shows his military occupational specialty as mail clerk. Item 34 (Wounds) of his WD AGO Form 53-55 contains the entry “None.” Item 33 (Decorations and Citations) shows he was awarded the Asiatic-Pacific Theater Ribbon, the Army Good Conduct Ribbon, and 1 bronze campaign star.

Office of the Surgeon General Hospital Admission Cards show the applicant was hospitalized in May 1944 for observation for disease (no disease found); in July 1944 for malaria; in September 1944 for psychoneurosis; and medically evacuated in October 1944 for psychoneurosis.

The applicant’s final payment roll, which shows that he was due foreign service pay from October to December 1944, does not show that he was paid combat infantryman pay.

Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 states that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen. In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches. Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions. From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established. There are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

Army Regulation 600-8-22 does not list an authorized award given by the government of China for wear by U. S. soldiers.

Army Regulation 600-8-22 provides for award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II and the Korean War. It does not list a unit award given by the government of China.

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

1. There is no evidence of record and the applicant provides none to substantiate his contention that he was wounded in action. In addition, one of the eligibility criteria for award of the Purple Heart is that the wound must have required treatment by a medical officer and the medical treatment must have been made a matter of official record. The applicant states that he treated himself. Therefore, there is insufficient evidence to award the applicant the Purple Heart.

2. As the applicant stated, for the most part he was assigned to Service Company, 164th Infantry. His WD AGO Form 53-55 shows his military occupational specialty was mail clerk. One of the three basic requirements for award of the CIB is to be an infantryman. The applicant’s service during World War II is highly appreciated and the Board is cognizant that during wartime support troops may be called upon to act as infantrymen at times; however, there is no evidence to show that he was an infantryman. Therefore, he does not meet the eligibility requirement for award of the CIB.

3. There is no evidence of record and the applicant provides none to show he served in China. In addition, there was no authorized award, either a personal award or a unit award, given by the government of China for wear by U. S. soldiers.

4. The applicant met the eligibility criteria for award of the World War II Victory Medal. His WD AGO 53-55 does not show he was awarded the World War II Victory Medal and should be administratively corrected to add it.

5. 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 Board requests that the Army Review Boards Agency Support Division – St. Louis amend the applicant’s WD AGO 53-55 by adding the World War II Victory Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__SAC__ __RKS _ __ AU __ DENY APPLICATION



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




INDEX

CASE ID AR2002077930
SUFFIX
RECON
DATE BOARDED 2003/02/11
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0111
3.
4.
5.
6.



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