| Mr. Carl W. S. Chun | Director | |
| Mr. W. E. Schnupp | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Stanley Kelley | Member | |
| Mr. Harry B. Oberg | Member |
2. The applicant requests award of the Purple Heart.
3. The applicant states he was never awarded the Purple Heart for his injuries. He was awarded he Bronze Star Medal for shooting at a German tank and taking prisoners.
4. In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation and a copy of the Bronze Star Medal Citation showing that he was wounded in battle.
5. The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein was derived from documents provided by the applicant and from other official sources.
6. The applicant’s WD AGO Form 53-55 shows that he was inducted on 16 March 1943, trained as a rifleman and served in the European Theater of Operations with Company F, 117th Infantry from 14 May 1944 to 21 August 1945. He was honorably separated from active service on 21 October 1945 as a private first class.
7. His awards include the European-African-Middle Eastern Theater Ribbon with 4 Bronze Battle Stars, the Good Conduct Medal, the Bronze Star Medal, the Combat Infantryman Badge, the World War II Honorable Service Lapel Button and the Expert Badge for the 37mm and sub caliber 22 and the Sharpshooter Badge for the M1 Rifle. The Purple Heart is not listed as an authorized award and item 34 (wounds received in action) of the form, contains the entry “None.”
8. At the applicant’s request, on 21 March 2002, the National Personnel Records Center caused to be issued to him all of the awards mentioned above, plus the American Campaign Medal.
9. The Bronze Star Medal citation provided by the applicant shows that he was awarded the Bronze Star Medal for heroic achievement in action on 28 March 1945, in Germany. The citation provides in part that, “At one time an enemy artillery shell landed beside his position and destroyed his carbine and bazooka. Although dazed and suffering from concussion, he procured a carbine and succeeded in capturing four enemy soldiers who had infiltrated through.”
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 by a medical officer, and the medical treatment must have been made a matter of official record.
11. The same regulation provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. An oak leaf cluster is issued to denote second or succeeding awards.
12. Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the Combat Infantryman Badge or the Combat Medical Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.
13. The awards regulation also authorized the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and 2 March 1946 and, the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.
14. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during the applicant’s assignment to Company F, 117th Infantry between 14 May 1944 and 21 August 1945, the unit received the French Croix de Guerre, the Belgium Fourragere and occupation credit for the occupation of Germany.
CONCLUSIONS:
1. Since the applicant’s records were lost in the fire at the records repository, it is not possible to determine whether his concussion injury on 28 March 1945, was treated by a medical officer and/or recorded in his medical records at the time. What is known however, is that the citation awarding him the Bronze Star Medal for heroic achievement specifically mentions that he suffered a concussion injury as a result of enemy artillery fire and thereby satisfies the regulatory requirement for award of the Purple Heart, i.e. he was wounded in combat as a result of hostile action and is, in the opinion of the Board, entitled to award of the Purple Heart for that injury.
2. Furthermore, based on his award of the Combat Infantryman Badge, he is entitled to the awarded of the Bronze Star Medal. Since this is his second award of the Bronze Star Medal, it is issued as a 1st Oak Leaf Cluster. Also, considering the period of his active duty service, he is entitled to the American Campaign Medal and the World War II Victory Medal.
3. Finally, during the applicant’s tenure with the 117th Infantry, the unit was awarded, and he is thereby entitled to award of the French Croix de Guerre, the Belgium Fourragere and the Army of Occupation Medal with Germany Clasp.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for combat injuries sustained on 28 March 1945, the Bronze Star Medal with 1st Oak Leaf Cluster in recognition of having been awarded the Combat Infantryman Badge, the American Campaign Medal, the World War II Victory Medal, the French Croix de Guerre, the Belgium Fourragere and the Army of Occupation Medal with Germany Clasp.
BOARD VOTE:
____sk__ ____hbo_ ____rvo__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__________Raymond V. O'Connor, Jr.___
CHAIRPERSON
| CASE ID | AR2002078326 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20021219 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT PLUS) |
| REVIEW AUTHORITY | |
| ISSUES 1. 107.00 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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