PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2003088801


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Lawrence Foster		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, in effect, that he be awarded the Purple Heart and that it be added to his separation document.

3. The applicant states, in effect, that he was wounded and hospitalized but the Purple Heart was not listed on his discharge.

4. In support of his application, the applicant submitted a copy of a letter provided him by his wartime platoon leader who states that the applicant was wounded by enemy fire in an air raid on 29 June 1943. The wounds were along the left side of his face and shoulder area. The platoon leader also provided a copy of the WD AGO Form 53-98, Military Record and Report of Separation, Certificate of Service, which was intended to add validity to his eyewitness account/support document.

5. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel and medical records.

6. Records available to the Board show that the applicant was inducted and entered on active duty in the Army of the United States on 16 January 1941. The applicant’s WD AGO Form 53-55 shows that he served 4 years, 5 months, and 9 days active Federal service of which 2 year, 8 months, and 23 days were spent in the European Theater of Operations (ETO) and 1 year, 8 months, and 16 days in the Continental United States. He was honorably discharged in the grade of Sergeant under the provisions of Army Regulation 615-365 for the convenience of the government at demobilization on 27 June 1945.

7. The applicant's WD AGO Form 53-55, which is authenticated in his own hand, does not show award of the Purple Heart in block 33 (Decorations and Citations). The separation document also shows the entry "None" in block 34 (Wounds Received in Action). The applicant provided no orders awarding him the Purple Heart.

8. Block 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55, shows that the applicant participated in the Normandy, Northern France, Rhineland, Algeria-French Morocco, Sicily, Tunisia, Ardennes-Alsace, and the Central Europe Campaigns. Block 33, of this same form, shows that the applicant was awarded the Bronze Star Medal with "V" Device and One Oak Leaf Cluster, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with one Bronze Arrowhead, one silver service star,

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and three bronze service stars; the Belgian Fourragere, and the World War II Victory Medal. Block 55 (Remarks) shows he was issued the Lapel Discharge Button [properly known as the Honorable Service Lapel Button, WW II].

9. Block 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55, prepared at the time of his discharge from the Army, which the applicant authenticated in his own hand, shows the word "None" for wound receive in action during his Army service.

10. A search of medical records available to the Board was conducted for any evidence showing that the applicant was wounded in action on 29 June 1943 as indicated by the applicant's eyewitness. A Clinical Record Brief, US Army Medical Form 55c, dated 26 June 1943, which was available for the Board's review, shows that the applicant sustained multiple superficial abrasions on the face and moderately severe contusions of the left shoulder which had been accidentally incurred when a truck in which he was an authorized passenger had overturned 15 miles south of Sidi-Bel-Abbes, Algeria, North Africa, on 25 June 1943.

11. The applicant was initially treated at the Prisoner of War Camp #127 Dispensary and later transferred to the 64th Station Hospital, APO (Army Post Office) 542. He was released from hospitalization on 2 July 1943 and returned to duty.

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 600-45, with an effective date of 10 September 1947, and now incorporated in the above regulation provides, in pertinent part, that the Bronze Star Medal (BSM) 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.

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14. The same regulation provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the Continental United States or service within the Continental United States for an aggregate period of one year.

CONCLUSIONS:

1. The Board considered the applicant's contention that he is entitled to award of the Purple Heart.

2. The Board acknowledges the applicant's wartime platoon leader's eyewitness support document; however, after reviewing the available medical documents, it was determined that the applicant was injured in a truck accident and was not wounded as a result of hostile action.

3. Block 34, of the applicant's WD AGO Form 53-55, supports that the applicant was not wounded in action against an armed enemy.

4. In the absence of evidence that the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that there is no evidence upon which to award the Purple Heart in this case.

5. Records show the applicant was awarded the Bronze Star Medal with "V" Device and One Oak Leaf Cluster. The applicant was also awarded the Combat Infantryman Badge during World War II. Based on the special provisions of the awards regulation, the applicant is entitled to award to the Bronze Star Medal (Second Oak Leaf Cluster) based on award of the Combat Infantryman Badge, which is considered a citation in orders.

6. The applicant met the regulatory criteria and is entitled to award of the American Campaign Medal. The applicant served within the Continental United States for an aggregate period for one year or longer.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by awarding the applicant the Bronze Star Medal (Second Oak Leaf Cluster) and the American Campaign Medal and to amend his separation to add these awards.

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2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__mkp___ __tsk___ __lf____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Margaret K. Patterson
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088801
SUFFIX
RECON
DATE BOARDED	20030513
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.