PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AC95-07465A
				   AR1998013866

	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. Loren G. Harrell		Director	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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 a reconsideration of the Board’s previous denial to correct his records to show entitlement to the Purple Heart.

3.  The applicant states, in effect, that he sustained shrapnel wounds to the right thigh and right thumb just prior to being taken prisoner in 1944.  He indicates that he was treated by the Germans in the prisoner of war (POW) camp.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records and records held by the VA.

5.  The applicant entered active duty on 24 March 1943.  He received training as a rifleman and as a parachutist.  His records show that he was attached to the 508th Parachutist Regiment when he was captured by the German government following a jump into Holland on 17 September 1944.  He was held as a POW until 13 May 1945.  Following his repatriation the applicant remained in Germany until December 1945 when he was transferred stateside for evaluation and special medical care for chronic rheumatoid arthritis.  This condition was determined to have been incurred in the line of duty during his period of service.

6.  The applicant was released from active duty on 18 May 1945 with an Honorable, Certificate of Disability Discharge (CDD) from the William Beaumont General Hospital, El Paso, Texas as a result of the arthritic condition.

7.  Upon his release from service, the applicant was transferred to the Dallas, Texas VA hospital for care and evaluation.  The VA granted him a temporary total (100 percent) disability evaluation on 4 June 1945.  The medical evaluations and copies of the applicant’s service records associated with his VA file show that, in addition to his care for arthritis, he was evaluated for residuals of shrapnel wounds with scaring to his right thumb and right thigh.  These conditions were determined to be well healed and not considered disabling.

8.  The applicant’s records show he received the following awards and decorations; the American Campaign Medal, the European-African-Middle Eastern Campaign Medal (EAMEC) with one bronze service star, the Combat Infantryman’s Badge (CIB), the World War II Victory Medal, a Good Conduct Medal, the Prisoner of War (POW) Medal, and a Distinguished Unit Citation Badge.

9.  In the development of this case the Board notes that the applicant’s Report of Separation (WD AG Form 53-55) does not show his period of captivity or his entitlement to the POW Medal, the Bronze Star or the Parachutist Badge.

10.  Army Regulation 672-5-1 provides, in pertinent part, that World War II holders of the Combat Infantryman Badge are entitled to an award of the Bronze Star Medal.  

11.  Additionally, his service in Europe for the period of May to December 1945 with the award of the EAMEC Medal meets the requirements for award of the Army of the Occupation Medal with Germany clasp.

CONCLUSIONS:

1.  The applicant’s medical records show that he sustained shrapnel wounds while in enemy held territory to his right thumb and right thigh.  Due to the location of his immediate care and the provider, any actual records of his care are not available for review.  However, the available records do show that he was evaluated for residuals of these wounds at the time of repatriation as well as by the VA at the time of his release from service.

2.  The Board deems it reasonable to assume that the applicant did receive these wounds at the time of his capture and received medical care by his captures.  Therefore, it is in the interest of justice to show that the applicant sustained wounds on 17 September 1944 and award him the Purple Heart.

3.  It is also appropriate to correct the applicant’s records to show entitlement to the Bronze Star Medal, the Army of the Occupation Medal with Germany clasp, the Parachutist Badge, the POW Medal and to reflect his period of captivity.

4.  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 that the individual concerned:
	
	a.  was a prisoner of war for the period of 17 September 1944 to 13 May 1945; 

	b.  was awarded the Purple Heart for wounds sustained in action on 17 September 1944; and ,

	c.  was awarded the Bronze Star Medal, the Prisoner of War Medal, the Army of the Occupation Medal with Germany clasp, and the Parachutist Badge .

BOARD VOTE:  

__KJN__  ____FNE_  __JPI___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  _Karen J. Newsome______
		        CHAIRPERSON

INDEX

CASE ID	AC95-07465A
AR1998013866	
SUFFIX		
RECON		
DATE BOARDED	19990121	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0	
2.	100.00	
3.	110.00	
4.		
5.		
6.