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Decision Text

ARMY | BCMR | CY2003 | 2003084005C070212
Original file (2003084005C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 September 2003
         DOCKET NUMBER: AR2003084005


         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
Mr. Robert J. McGowan Analyst


The following members, a quorum, were present:

Ms. Shirley L. Powell Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas A. Pagan 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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show that he was awarded the Purple Heart.

3. The applicant states that he was awarded the Purple Heart, but it was not placed on his separation document. In support of his request, he provides a copy of his WD AGO From 53-55.

4. The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.

5. The applicant, a Japanese American, was inducted into the Army of the United States on/about 12 March 1943. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 745, Rifleman, and transferred to the European Theater of Operations (ETO) for assignment to Company K, 442nd Regimental Combat Team. He arrived in the ETO on 28 May 1944.

6. The applicant's WD AGO Form 53-55 is difficult to read. However, it shows in Item 34 (Wounds Received in Action) that his finger was wounded near Rosignano, Italy on 7 July 1944.

7. Information obtained from Hospital Admission Cards created by The Office of The Surgeon General (OTSG), 1942-1945, shows that, on 7 July 1944, he received a shrapnel wound to his finger and was evacuated and, ultimately, "invalided" back to the United States and separated.

8. The applicant was honorably separated on 3 July 1945. He served a total of 2 years, 3 months, and 15 days, of which 5 months and 22 days was served in the ETO. Item 31 (Military Qualification) shows that he was awarded the Combat Infantryman Badge. Item 33 (Decorations and Citations) shows that he was awarded the European-African-Middle Eastern Campaign Medal with 1 Battle Star.

9. On 30 May 1997, the Army Reserve Personnel Center (ARPERCEN), St. Louis , Missouri, notified the applicant that he was entitled to award of the Bronze Star Medal and the Honorable Service Lapel Button (WWII).

10. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices


awarded in recognition of accomplishments. It provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

         a. It also provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the GCMDL, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

         b. It also provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal). It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1. The applicant's WD AGO Form 53-55 shows in Item 34 that he was wounded in the finger on 7 July 1944 in Rosignano, Italy. This is corroborated by OTSG Hospital Admission Card data. The applicant is entitled to award of the Purple Heart.

2. Based upon a review of the applicant's existing service records, it is clear he is entitled to award of the Good Conduct Medal and the World War II Victory Medal for his service from 19 March 1943 to 3 July 1945.

3. The ARPERCEN has already established the applicant's entitlement to award of the Bronze Star Medal (for meritorious service) and the Honorable Service Lapel Button. These awards should be added to his separation document.

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 issuing to the individual concerned a DD Form 215 (Correction to DD Form 214 [replacement for the WD AGO Form 53-55]) showing that he was awarded the Bronze Star Medal, Purple Heart, Good Conduct Medal, World War II Victory Medal, and Honorable Service Lapel Button.

BOARD VOTE:

___slp__ __wtm___ __tap___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Shirley L. Powell
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2003084005
SUFFIX
RECON
DATE BOARDED 20030909
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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