PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 March 2003
         DOCKET NUMBER: AR2002080193


         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. John N. Slone		Chairperson
Mr. Melvin H. Meyer		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

3. The applicant states, in effect, that he was wounded in May 1945 on Luzon during the Philippine liberation. In support of his application, he submits an eyewitness statement, dated 2 August 2002; a statement, dated 15 August 2002, from his physician; a Commendation for Outstanding Service, dated
30 December 1945; and a copy of his WD AGO Form 53-55.

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 was inducted on
13 October 1944. He served as a squad leader in the Asiatic-Pacific Theater from 7 April 1945 through 14 May 1946 and was honorably discharged on 2 June 1946.

5. The applicant's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "None."

6. 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.

7. The applicant provided an eyewitness statement, dated 2 August 2002, from a fellow soldier at the time in question. The soldier attests that the applicant was wounded by a Japanese grenade in May 1945 on Luzon. He states that the applicant sustained injuries to this right hand and lower arm, that the applicant was treated by the medic and that the applicant requested that his wound not be reported.

8. The applicant also provided a statement, dated 15 August 2002, from his physician. The physician indicates that the applicant reported that he sustained shrapnel wounds to his right hand and lower back while in the Philippines during World War II. The physician also indicates that the applicant has several small scars on his right hand, fingers and back consistent with slivers of metal or shrapnel wounds.

9. The applicant's WD AGO Form 53-55 shows the Combat Infantryman Badge as an authorized award.

10. The applicant's WD AGO Form 53-55 shows the Asiatic-Pacific Campaign Medal as an authorized award. Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55 shows he participated in one campaign (Luzon).
11. The applicant provided a commendation, dated 30 December 1945, for outstanding services in support of combat operations during the period 1 May 1945 to 30 June 1945. This commendation was signed by the Commanding Officer of the 33rd Infantry Division, a brigadier general. The Board notes that the Army Commendation Medal is not shown on the applicant's WD AGO Form 53-55.

12. Army Regulation 600-8-22 (Purple Heart) 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.

13. 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.

14. 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.

15. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. The regulation also states that the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

CONCLUSIONS:

1. The Board noted the applicant's contention that he was wounded in May 1945 on Luzon during the Philippine liberation.

2. There is no evidence in the available records which shows the applicant was wounded or injured as a result of hostile action during World War II.

3. The Board considered the eyewitness statement provided in support of the applicant's claim for award of the Purple Heart. However, this statement, made 57 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded.

4. The applicant signed his discharge document on 2 June 1946 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart.

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

6. The applicant received the Combat Infantryman Badge during World War II. Therefore, in accordance with the governing regulation, the applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this medal.

7. The applicant’s WD AGO Form 53-55 shows the Asiatic-Pacific Campaign Medal as an authorized award. However, item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows that he participated in one campaign during World War II which is not correctly shown by award of one bronze service star 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 one bronze service star and correction of his WD AGO Form 53-55 to show this award.

8. The applicant received a commendation for outstanding services in support of combat operations during the period 1 May 1945 to 30 June 1945. Therefore, in accordance with the governing awards regulation, the applicant is entitled to an award of the Army Commendation Medal. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

9. 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 Bronze Star Medal (based on award of the Combat Infantryman Badge), the Asiatic-Pacific Campaign Medal with one bronze service star and the Army Commendation Medal.

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

BOARD VOTE:

JNS____ MHM___ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone___________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080193
SUFFIX
RECON
DATE BOARDED	20030325
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.