PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            6 January 1999                      
	DOCKET NUMBER:   AC98-12053
				   AR1999014592

	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.  The following members, a quorum, were present:

	Mr.	Thomas D. Howard, Jr.		Chairperson	
	Mr.	Luther L. Santiful		Member	
	Mr.	Curtis W. Barbee		Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Ms.	Deyon D. Battle		Analyst	

	The applicant and counsel if any, did not appear before the Board.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 that his Report of Separation (WD AGO Form 53-55) be corrected to show that he was awarded the Bronze Star Medal (BSM) and the Purple Heart (PH).

3.  The applicant states, in effect, he was awarded the BSM and the PH and they were erroneously omitted from his WD AGO Form 53-55.

4.  The applicant’s military records show that he was inducted in the Army on 14 November 1942 and he successfully completed his training as a platoon sergeant. 

5.  His awards include the European African Middle Eastern Campaign Ribbon w/2 Service Stars, the Good Conduct Medal, the Combat Infantryman Badge, the Expert Infantry Badge, and the Sharpshooters Rifle Badge.

6.  A review of the available records reveal that on 4 February 1944, the applicant was awarded the BSM for meritorious service and he was awarded the PH on 3 November 1944, for wounds that he received in action against the enemy.

7.  He was honorably discharged on 20 June 1945, after he completed 2 years, 7 months and 7 days of total active service.

8.  On 16 January 1957, the applicant’s records were reviewed by the US Army Reserve Personnel Center (ARPERCEN).  The ARPERCEN determined that the applicant was entitled to awards of the PH and the BSM and action was taken to issue him the awards.  The ARPERCEN further determined that he was entitled to awards of the American Campaign Medal and the World War II Victory Medal. Although the ARPERCEN determined that he is entitled to the aforementioned awards, a review of his records fails to show that his WD AGO Form 53-55 was ever amended to reflect the awards.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

10.  That regulation also provides that the Purple Heart is awarded for a wound sustained as a direct 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The applicant was awarded the PH and the BSM.  Through no fault of his own, the awards were erroneously omitted from his WD AGO Form 53-55.

2.  Moreover, since his discharge, the ARPERCEN has determined that he is also entitled to the American Campaign Medal and the World War II Victory Medal.  These awards were also erroneously omitted from his WD AGO Form 53-55.  Therefore, it would be appropriate to amend his WD AGO Form 53-55 to reflect his awards.

3.  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 showing that the individual concerned was awarded the Bronze Star Medal, the Purple Heart, the American Campaign Medal and the World War II Victory Medal.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12053/AR199014592	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/06	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.  100.00		
3.		
4.		
5.		
6.