PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 October 2003
         DOCKET NUMBER: AR2003084900


         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:

Ms. Kathleen A. Newman		Chairperson
Mr. Lester Echols		Member
Mr. John T. Meixell		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 injured by a grenade explosion during World War II and never received a Purple Heart. He contends that his unit was going through a hospital looking for German soldiers and the enemy surprised them by throwing grenades. He contends that a grenade exploded by him and he suffered nerve damage to his ears and lost a great amount of his hearing. He further contends that he was granted service connection for his hearing loss by the Veterans Administration. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of two documents with the applicant's name and units; a copy of a card titled, "Society of the Third Division, A.E.F."; a DA Form 1577 (Authorization for Issuance of Awards), dated 1 August 2001; excerpts from a document titled, "History of the Third Infantry Division"; a letter, dated 12 March 1956, from the Veterans Administration; page 2 of a VA Form 8-526; a letter, dated 8 March 2001, from the Department of Veterans Affairs; and correspondence from a Member of Congress.

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 and limited medical records.

5. The applicant's reconstructed records show the applicant was inducted on
18 February 1943. He served as a rifleman assigned to the 15th Infantry Regiment of the 3rd Division in the European Theater of Operations from
31 October 1943 through 4 October 1945 and was honorably discharged on
14 October 1945.

6. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with five bronze service stars, the Good Conduct Medal, the Distinguished Unit Citation and the Bronze Star Medal as authorized awards.

7. Item 34 (Wounds Received in Action) on the applicant's WD AGO Form 53-55 shows the entry, "None."

8. 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.

9. The Office of the Surgeon General Hospital List shows the applicant was hospitalized in December 1943 for a non-battle injury in Italy.

10. In support of his claim, the applicant provided documentation from the Veterans Administration which shows that he was granted service connection for defective hearing.

11. The applicant's WD AGO Form 53-55 shows he received the Combat Infantryman Badge.

12. 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 applicant's unit received occupation credit for Germany for the period from
20 May to 30 September 1945.

13. 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.

14. 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.

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. 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.

16. 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 injured by a grenade explosion and suffered nerve damage to his ears. The Board also considered the documentation from the Veterans Administration provided by the applicant in support of his claim for award of the Purple Heart. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or treated for wounds sustained as a result of hostile action during World War II. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

2. The applicant received award of the Bronze Star Medal prior to his separation from active duty on 14 October 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 Infantryman 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 WD AGO Form 53-55 to show the Bronze Star Medal with First Oak Leaf Cluster.

3. The applicant's unit received occupation credit for Germany. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

4. The applicant served a period of qualifying service for award of the World War II Victory Medal. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

5. 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 applicant was awarded the Bronze Star Medal with First Oak Leaf Cluster, the Army of Occupation Medal with Germany Clasp, 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:

KAN____ LE_____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Kathleen A. Newman__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084900
SUFFIX
RECON
DATE BOARDED	20031002
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.