PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2003084793

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful.		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Ronald J. Weaver		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, in effect, that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he was wounded in action during World War II and would like to receive the PH he is entitled to.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

5. The separation document (WD AGO Form 53-55) issued to the applicant on the date of his discharge shows that he was inducted into the Army of the United States and entered active duty on 23 April 1941. He continuously served on active duty until being honorably separated on 2 July 1945.

6. The applicant’s WD AGO Form 53-55 also shows that he served in the Pacific Theater of Operations (PTO) from 14 May 1942 through 17 June 1944, and that the highest rank he attained was sergeant, which is the grade he held on the date of his separation. This document also shows that he served in military occupational specialty 607 (Mortar NCO), and that he earned the Combat Infantryman Badge. It also confirms that he participated in the New Guinea and Papuan campaigns of World War II, and that during his active duty tenure he earned the following awards: Distinguished Unit Badge; Good Conduct Medal; American Defense Service Ribbon; Asiatic-Pacific Campaign Medal with
2 bronze service stars; and four overseas bars. Item 34 (Wounds Received in Action) contains the entry “None.”

7. There is a Military Finding Report from the National Archives and Records Administration (NARA), dated 4 March 2003, on file. This document contains information from hospital admission cards created by the Office of The Surgeon General (OTSG) for the period 1942-1945. This report indicates that the applicant was treated at a New Guinea military medical facility in 1942, after having received a penetrating shrapnel wound to the thigh. The report specifies that the wound was received in the line of duty and the applicant was categorized as a battle casualty.

8. Also on file is a copy of General Order (GO) Number 1, issued by Headquarters, 126^th Infantry, dated 5 February 1945, which confirms that the applicant was awarded the CIB for exemplary conduct in action against the enemy.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member of an Armed Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action. The regulation defines a wound as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

10. Paragraph 3-13 of the awards regulation outlines the criteria for the award of the Bronze Star Medal (BSM). Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

11. Paragraph 5-11 (World War II Victory Medal) of the same regulation indicates that the World War II Victory Medal was established by the act of Congress 6 July 1945 and is awarded for service between 7 December 1941 and 31 December 1946.

CONCLUSIONS:

1. The Board noted the applicant’s contention that he earned the PH for wounds he received in the PTO during World War II, and finds that this claim has merit. In addition, the Board concludes that the applicant is also eligible for the BSM and World War II Victory Medal, awards he did not specifically request in his application.

2. By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer. This treatment must be supported by records of the medical treatment for the wound or injury received in action, and must have been made a matter of official record. The Board finds that the medical casualty record pertaining to the applicant provided by the OTSG and contained in the NARA report sufficiently satisfies the regulatory burden of proof necessary to support award of the PH.
3. The awards regulation also specifies that the BSM is authorized for members of the Armed Forces of the United States who, after 6 December 1941, have been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II and that for this purpose the CIB is considered as a citation in orders. Given the fact that the applicant was awarded the CIB, the Board finds that it would also be proper to award him the BSM at this time based on this regulatory criteria.

4. The Board further finds that the applicant is entitled to the World War II Victory Medal based on his period of qualifying service during the authorized period. Thus, it also concludes that it would also be appropriate to add this award to his record at this time.

5. 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 awarding the individual concerned the Purple Heart for a wound he received in action in 1942, while serving as a sergeant in the Pacific Theater of Operations during World War II; by awarding him the Bronze Star Medal for meritorious achievement based on his exemplary conduct in ground combat against an armed enemy during World War II; by awarding him the World War II Victory Medal for his service during the authorized period; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:

__LS__ _RJW___ __CLG_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Luther L. Santiful
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003084793
SUFFIX
RECON
DATE BOARDED	2003/08/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/07/02
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Demobilization
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.