PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 July 2003
         DOCKET NUMBER: AR2003084543


         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. Gerard W. Schwartz		Analyst

The following members, a quorum, were present:

Mr. John L. Sloan		Chairperson
Mr. Thomas D. Howard		Member
Mr. Thomas Lanyi		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 that he be awarded the Purple Heart and Asiatic-Pacific Campaign Medal.

3. The applicant states that he was never issued the above stated medals.

4. In support of his application he submits a WD AGO Form 53-55 (Enlisted Record and Report of Separation), his WD AGO Form 20 (Soldiers Qualification Card), an insert to his WD AGO Form 20 and a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement)

5. The applicant’s military records were lost or destroyed. This case is being considered based on reconstructed records which consist primarily of the applicant's submission. These records show that he entered into active service on 30 March 1944 with a Military Occupational Specialty of Automatic Rifleman and was promoted to the grade of E-3. He served in the European Theater of Operations from 3 March 1945 through 7 June 1945 with Company B, 343d Infantry Regiment. During this period, he received the Combat Infantryman Badge. He was later sent to the Asiatic-Pacific Theater from 19 September 1945 through 7 May 1946 and served with Company I and M, 343d Infantry Regiment. He was separated from the active Army on 14 May 1946 with an honorable discharge.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. There are no hospital admission records which show the applicant was wounded. Additionally, 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) states "NONE".

7. The applicant provided a WD AGO Form 38 (dated 14 May 1946) in which the applicant listed in item 11 "A SHELL WOUND, LFT HAND, AID STA., GERMANY, MAY 194 .". The Record of Physical Examination on this form does not show any indication of a wound found or documented by the examining physician.

8. 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.


9. Army Regulation 600-8-22 (Military Awards) 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.

10. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

11. 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 wounded in action. However, there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Although the applicant lists a wound on his WD AGO 38 physical, there is no indication of a wound found or documented by the examining physician in the "Record of Physical Examination".

2. The Board noted the evidence of record which shows the applicant signed his WD AGO Form 53-55 attesting to the fact he was not entitled to the Purple Heart. The Board also noted that Item 34 (Wounds Received In Action) on this form states "None".



3. The preponderance of evidence in this case show that the applicant was not wounded or otherwise entitled to the Purple Heart. Therefore the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4. Records show the applicant was stationed in the Asiatic-Pacific Theater between 19 September 1945 and 7 May 1946. He is entitled to the Asiatic-Pacific Campaign Medal and correction of his records to show this award.

5. The Board noted that the applicant is eligible for awards not shown on his WD AGO Form 53-55.

6. Records show the applicant was stationed in Germany within the European Theater of Operation and assigned to Company B, 343rd Infantry Regiment between 3 March 1945 and 7 June 1945. He is entitled to the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

7. Based on award of the Combat Infantryman Badge, the applicant is also entitled to award of the Bronze Star Medal and correction of his records to show this award.

8. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Asiatic-Pacific Campaign Medal, Army of Occupation Medal with Germany Clasp and the Bronze Star Medal.














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

BOARD VOTE:

__JLS___ __TDH__ __TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________JLS__________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084543
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030722
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107..0000.0000
2.
3.
4.
5.
6.