PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2003084311


         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
Ms. Lana E. McGlynn		Member
Mr. William D. Powers		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 1945 and sent to a hospital in France. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); and numerous service medical records.

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.

5. The applicant's reconstructed records show he was inducted on 6 January 1941. He served as a surgical technician in the European Theater of Operations from 22 June 1943 to approximately 15 September 1945 and was honorably discharged on 30 September 1945.

6. The applicant's WD AGO Form 53-55 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 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. In support of his claim for award of the Purple Heart, the applicant provided numerous service medical records. These medical records show the applicant strained his back in November 1942 after bending over a low table. These medical records also show the applicant was hospitalized in December 1944 in France for a "NBI" [non-battle injury] (sprained back) when he lifted a litter with a heavy patient. These medical records also show the applicant was hospitalized in March 1945 for a "NBI" (sprained sacro-iliac).

9. The applicant's WD AGO Form 53-55 shows the Bronze Star Medal and the Combat Medical Badge as authorized awards.

10. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. His records show he participated in five campaigns during World War II.

11. The Board notes that the applicant is entitled to the American Campaign Medal and the World War II Victory Medal which are not shown on his WD AGO Form 53-55.

12. Army Regulation 600-8-22 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

16. 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. A silver service star is authorized in lieu of five bronze service stars.

17. 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.
18. 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. The Board considered the applicant's contention that he was wounded in 1945 and sent to a hospital in France.

2. The Board also reviewed the medical records provided by the applicant in support of his claim for award of the Purple Heart. However, these medical records show the applicant was hospitalized for non-battle injuries to his back.

3. 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.

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. The applicant received award of the Bronze Star Medal prior to his separation from active duty on 30 September 1945. After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Medical Badge during World War II. Therefore, the applicant is entitled to two awards of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) and correction of his records to shows the Bronze Star Medal with First Oak Leaf Cluster.

6. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. However, evidence of record shows the applicant participated in five campaigns during World War II which are not correctly shown by award of one silver service star for wear on his European-African-Middle Eastern Campaign Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the European-African-Middle Eastern Campaign Medal with one silver service star and correction of his WD AGO Form 214 to show these awards.

7. The applicant served a period of qualifying service in the American Theater for award of the American Campaign Medal. Therefore, his WD AGO Form
53-55 should be corrected to show this medal.

8. Based on his service between 6 January 1941 to 30 September 1945, the applicant is entitled to the World War II Victory 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 with First Oak Leaf Cluster, European-African-Middle Eastern Campaign Medal with one silver service star, 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:

JNS____ LEM____ WDP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _John N. Slone______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084311
SUFFIX
RECON
DATE BOARDED	20030619
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.