PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 May 2003
         DOCKET NUMBER: AR2002082296


         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. Raymond V. O'Connor		Chairperson
Mr. Stanley Kelley		Member
Ms. Gail J. Wire		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 award of the Purple Heart.

3. The applicant states that he is service-connected for scars that he received in combat during World War II. He contends, in effect, that he grappled with a "Jap" and sustained a knife wound, that he washed the wound and applied sulfa powder to it. He contends that when he was discharged the doctor saw his scar and asked how he got it. The doctor asked him if he was given a Purple Heart, the applicant told him no and the doctor told him to pull out of the discharge process until the next day and he would certify the Purple Heart. The applicant contends that he told the doctor he wanted to go home and he did not stay to get the medal. In support of his application, he submits a copy of his Award of Disability Compensation or Pension, dated 11 March 1946; and a personal account of his combat wound, dated 9 October 2002.

4. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) and his Final Payment Work Sheet.

5. The applicant's reconstructed records show the applicant was inducted on
10 March 1943. He served as a cryptographic technician in the Asiatic Pacific Theater of Operations from 17 October 1944 through 28 December 1945 and was honorably discharged on 22 January 1946.

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

7. There are no orders for the Purple Heart in the available records.

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

9. In support of his claim for award of the Purple Heart, the applicant provided a copy of his Award of Disability Compensation or Pension, dated 11 March 1946. This document shows the applicant was awarded disability pension for malaria and scars (forehead and abdomen) incurred or aggravated during his World War II service. However, there is no evidence that the applicant's scars (forehead and abdomen) were the result of hostile action.

10. The Board notes that the applicant is eligible for award of the Asiatic-Pacific Campaign Medal, the American Campaign Medal and the World War II Victory Medal which are not shown on his WD AGO Form 53-55.

11. The applicant's WD AGO Form 53-55 shows he participated in three campaigns during his assignment in the Asiatic Pacific Theater of Operations.

12. 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.

13. Army Regulation 600-8-22 provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal. It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946. Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

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, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

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

2. The applicant signed his WD AGO Form 53-55 on 22 January 1946 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.

3. The Board reviewed the Award of Disability Compensation or Pension provided by the applicant in support of his claim for award of the Purple Heart. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that this document is not sufficient as a basis for award of the Purple Heart.

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

5. Based on the applicant's service in the Asiatic Pacific Theater of Operations, he is entitled to award of the Asiatic Pacific Campaign Medal with three bronze service stars. Therefore, the applicant's WD AGO Form 53-55 should be corrected to show these awards.

6. The applicant served a period of qualifying service for award of the American Campaign Medal. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show this medal.

7. The applicant is entitled to award of the World War II Victory Medal for his service from 10 March 1943 through 22 January 1946. Therefore, the applicant's WD AGO Form 53-55 should be corrected to show this medal.

8. 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 three bronze service stars, the American Campaign Medal and the World War II Victory Medal.









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

BOARD VOTE:

RVO___ SK______ GJW____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082296
SUFFIX
RECON
DATE BOARDED	20030522
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.