PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            19 August 1999           
	DOCKET NUMBER:   AR1998013253

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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 that he be awarded the Purple Heart.

3.  The applicant states that he was wounded on 3 or 5 June 1945 but he never received the Purple Heart and it is not listed on his discharge.  In support of his request, he has provided a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, and a copy of a letter from his personnel officer indicating that he is entitled to the Purple Heart and enclosing a certificate from his commander at the time of his injury outlining the circumstances for the award.

4.  The applicant’s military records show that he was inducted on 11 March 1943 and served 1 year, 3 months and 27 days in the Pacific Theater.  He was honorably discharged with a Certificate of Disability for Discharge on                 13 December 1945 in the grade of sergeant.

5.  His awards include the World War II Victory Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, the Good Conduct Medal and the Philippine Liberation Ribbon.

6.  In the certificate outlining the circumstances for the award of the Purple Heart, his then unit commander certified that the applicant was wounded in action on     3 June 1945 and was entitled to award of the Purple Heart but no award was made by the unit.

7.  Contradictory data exist in the record in the form of an Office of the Surgeon General Admission Card showing that the applicant’s was a nonbattle injury that occurred as a result of an accident in which his leg was broken.  The report provides no details concerning the accident or its cause.

CONCLUSIONS:

1.  Based on documentation provided by the applicant it would appear that he is entitled to award of the Purple Heart.  The circumstances of his injury are not specified in the certificate supporting his request, however, his commander stated that his injuries were such as to entitle him to the Purple Heart.

2.  The hospital admission record, on the other hand, directly contradicts the commander’s certificate, insinuating that the applicant’s injuries were the result of an accident.

3.  Since neither version of the events regarding his injury are explicit as to the reason therefore, the Board is inclined to side with the commander who was in the best position to determine whether the applicant’s injuries  were the result of accident or enemy action.  Further, since the commander believes that the applicant was entitled to the Purple Heart the Board is inclined to endorses his determination.
4.  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:

a.  showing that the individual concerned was awarded the Purple Heart for injuries sustained in action with the enemy on 3 June 1945; and

	b.  issuing to him a correction to his WD AGO Form 53-55 reflecting the aforementioned award.

BOARD VOTE:  

_cmf____  _cla_____  _mhm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1998013253	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990819	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.