PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2002082989


         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. Melvin H. Meyer		Chairperson
Ms. Deborah S. Jacobs		Member
Mr. Jose A. Martinez		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 was wounded in combat or on about 15 July 1945 while digging a foxhole in Okinawa during World War II. He contends that a piece of shrapnel hit him in the back and his noncommissioned officer in charge (NCOIC) treated his wound because there was no immediate aid available. In support of his application, he submits an eyewitness statement, dated 23 March 2002, from his NCOIC at the time in question.

4. The applicant’s military records were destroyed or lost during the National Personnel Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 27 October 1941. He served as a rifleman in the Asiatic Pacific Theater from 15 March 1942 until approximately October 1945. The applicant was honorably discharged on 16 October 1945.

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

7. 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.

8. The applicant provided an eyewitness statement, dated 23 March 2002, from a fellow soldier at the time in question. The soldier attests that on or about
15 July 1945, the unit was receiving enemy fire from the Japanese and the applicant was hit in the middle of his back with a piece of shrapnel. The soldier states that he personally removed the metal out of the applicant's back, treated his wound with iodine and bandaged it. The soldier further attests that they were under intense enemy fire, so, no paperwork was submitted to award the applicant the Purple Heart for being wounded in action. The soldier also states that, on a separate occasion during a particularly heavy engagement with the enemy, the applicant sustained a broken eardrum from the rapid explosions of mortars that he was firing.

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. His WD AGO Form 53-55 also shows that he participated in three campaigns during assignment in the Asiatic Pacific Theater.

11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 106th Infantry Regiment, received occupation credit for Okinawa for the period from 15 September - 24 October 1945. The Army of Occupation Medal with Japan Clasp is not shown on the applicant's WD AGO Form 53-55.

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 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, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952. Service between 3 September 1945 and
2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was wounded in combat or on about 15 July 1945 while digging a foxhole in Okinawa during World War II.
2. There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action during World War II.

3. The Board also considered the eyewitness statement provided in support of the applicant's claim for award of the Purple Heart. However, this statement, made over 55 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 WD AGO Form 53-55 on 16 October 1945 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

5. The applicant received the Combat Infantryman Badge during World War II. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

6. The applicant's WD AGO Form 53-55 shows the Asiatic Pacific Campaign Medal as an authorized award. However, his WD AGO Form 53-55 also shows that he participated in three campaigns during his assignment in the Asiatic Pacific Theater. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Asiatic Theater Campaign Medal with three bronze service stars.

7. While the applicant was assigned to the 106th Infantry Regiment, the unit received occupation credit for Okinawa. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Japan Clasp.

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 Bronze Star Medal (based on award of the Combat Infantryman Badge), the Asiatic Pacific Campaign Medal with three bronze service stars and the Army of Occupation Medal with Japan Clasp.





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

BOARD VOTE:

MHM___ DSJ_____ JAM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Melvin H. Meyer______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082989
SUFFIX
RECON
DATE BOARDED	20020520
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.