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Decision Text

ARMY | BCMR | CY2002 | 2002080207C070215
Original file (2002080207C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2002080207


         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. Thomas B. Redfern Chairperson
Ms. Linda D. Simmons 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.


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 hit on the left wrist by shell shrapnel during the Sicilian Campaign in August 1943. He contends the medic told him to let the sun get on it to relieve the pain. He also contends that one year later his wrist was examined and he underwent an operation to relieve the pain caused by the shell shrapnel. In support of his application, he submits an undated letter of explanation; a copy of his WD AGO Form 53-55; an award of the Distinguished Unit Badge; a Veterans Administration (VA) letter, dated 9 July 1975; a letter from a Member of Congress, dated 9 March 2001; and a letter from the National Personnel Records Center, dated 2 February 2001.

4. The Disabled American Veterans, as counsel for the applicant, was notified of the applicant's pending review by the Board; however, no brief was submitted.

5. 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
15 December 1942. He served as an automatic rifleman in the European Theater of Operations from 24 May 1943 through 21 October 1944 and was honorably discharged on 30 November 1945.

6. 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 this WD AGO Form 53-55 shows the entry, "None."

7. 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.

8. There are no medical records in the available records.

9. In support of his claim for award of the Purple Heart, the applicant submits a letter from the VA which shows he was rated 20 percent service connected for "Removal of scaphoid P.O. scar residuals of left wrist fracture, planter flexion limited 50% dorsi-flexion lateral flexion limited 25% with arthritis." However, there is no evidence that this injury was the result of hostile action during World War II.

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

11. The applicant's WD AGO Form 53-55 shows one award of the Distinguished Unit Citation.
12. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the unit to which the applicant was assigned, the 16th Infantry Regiment, received the Distinguished Unit Citation for actions during the period 10-14 July 1943 by War Department General Order
60-44. The applicant's unit also received the Distinguished Unit Citation for actions on 6 June 1944 by War Department General Order 73-44.

13. 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.

14. 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.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was hit on the left wrist by shell shrapnel during the Sicilian Campaign in August 1943.

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

3. The Board reviewed the VA letter provided by the applicant in support of his claim for award of the Purple Heart. However, this letter fails to show that his left wrist fracture was the result of hostile action.

4. The applicant signed his discharge document on 30 November 1945 attesting to the fact that he was not entitled to the Purple Heart and was not wounded in action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

5. The applicant received the Combat Infantryman Badge during World War II. Therefore, 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.

6. The applicant's WD AGO Form 53-55 shows one award of the Distinguished Unit Citation. However, evidence of record shows that the applicant's unit received two awards of the Distinguished Unit Citation. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show two awards of the Distinguished Unit Citation.

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 that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and two awards of the Distinguished Unit Citation.

2. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

TBR____ LDS____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Thomas B. Redfern________
                  CHAIRPERSON




INDEX

CASE ID AR2002080207
SUFFIX
RECON
DATE BOARDED 20030501
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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