PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:   24 February 1999                   
	DOCKET NUMBER:  AC98-11765

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		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 correction of his records to show award of the Purple Heart.

3.  The applicant states in effect, that in April 1945, while serving with the 66th Signal Battalion during World War II, a shell fragment from a land mine wounded him in the left hand and killed two commissioned officers.  He also submits two statements of support written by former service members who allege to possess knowledge concerning the incident.

4.  The applicant’s military records were destroyed by the 1973 fire at the National Personnel Records Center.  The information contained herein was obtained from the applicant and other reconstructed records.

5.  The WDAGO Forms 53-55 (Enlisted Record and Report of Separation) provided by the applicant show that he was inducted into the Army of the United States on 2 July l943 and served until he was honorably discharged on
20 November l945.  He had 2 years, 5 months and 3 days service during his first period of service.  He served with the 66th Signal Battalion in combat operations in Europe and also served for a short period of time in the Far East in the Philippines and Japan during the summer and fall of l945.

6.  On 21 November l945, the applicant reenlisted.  He was honorably discharged for the convenience of the Government on 30 December l946 with
l year, l month and 10 days active service on his second enlistment.  

7.  Further, the reports of separation show, he was awarded the Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the European African Middle Eastern Theater Medal, the World II Victory Medal;, the Philippine Liberation Medal;, the American Campaign Medal, a Bronze Service Star for the Central European Campaign, and the Motor Vehicle Driver Award.

8.  In April 1990, the applicant requested that the Army Reserve Personnel Records Center, St. Louis, Missouri check his records to ensure that he was entitled to the above awards.  He made no mention of being entitled to the Purple Heart.

9.  The Army Reserve Personnel Records Center verified the applicant's service records for the above awards.  He was told that he was also entitled to the Honorable Service Lapel Button (World War II), the Expert Badge with Machine Gun Bar and the Driver and Mechanics Badge with Driver with Bar.

10.  The Campaign Register shows the 66th Signal Battalion was awarded the Army of Occupation Medal (Germany) for the period 2 May through 4 July 1945.  

11.  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.  Sustaining 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. 

CONCLUSIONS:

1.  There is no evidence of record that shows the applicant was awarded the Purple Heart; and he has provided no probative evidence to the contrary.  The two supporting statements that were written 50 years after the fact do not provide a basis upon which to grant the award.

2.  The applicant is entitled to the Army of Occupation Medal (Germany).  However, this award is not reflected on his separation documents.  Accordingly, the applicant is now entitled to correction of his records to show this award. 

3.  In view of the foregoing, the applicant’s records should be corrected 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 individual concerned was awarded the Army of Occupation Medal (Germany).

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

BOARD VOTE:  

JDM____  MDM_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11765/AR1998013415	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	24 February 1999	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19461230	
DISCHARGE AUTHORITY	AR615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	Partial grant 	
REVIEW AUTHORITY		
ISSUES         1.	Request award of the Purple Heart 	
2.	Granted Army of Occupation Medal
(Germany)	
3.		
4.		
5.		
6.