PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              10 June 1999              
	DOCKET NUMBER:      AR1998013392

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 he should be awarded the Purple Heart for wounds he suffered in France in 1944.  In support of his application, he submits two statements from fellow soldiers in his unit in France.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources and show that the applicant was inducted on 27 March 1943.  He completed training as a truck driver (heavy) and served in the European Theater of Operations from 29 December 1943 to 20 November 1945.  The applicant was honorably discharged from active duty on 5 December 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award.  His discharge document shows “None” in item 34 for wounds received in action.  The Board notes that the applicant was entitled to award of the World War II Victory Medal which is not shown on his discharge document.

6.  Records available to the Board do not show that the applicant was awarded the Purple Heart.  His personnel records contain hospital admission card data files created by the Office of the Surgeon General which show he was treated for a medical condition which was unrelated to combat actions. 

7.  The statement by the fellow soldier, dated 20 November 1997, indicates that he was with the applicant in the area of St. Lo France on about the first part of August 1944.  He states that an American plane was hit by German fire and crashed by their battery kitchen and the applicant’s 50 caliber quad mount machine gun.  He also states that the debris from the crash injured the applicant’s leg.

8.  The second statement by the fellow soldier, dated 19 January 1998, indicates that he was a combat medic for the applicant’s unit in France.  He states that he had given first aid to the applicant around the first of August 1944 for a wound he received to his right leg.  He states that the wound was three inches and required stitches in the calf area.  

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10.  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.

CONCLUSIONS:

1.  There is no evidence available to the Board which shows that the applicant was awarded the Purple Heart.  There is no evidence of record available to the Board which show he sustained wounds as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.

2.  The Board noted the statements from the fellow soldiers.  However, these statements are not sufficient as a basis for award of the Purple Heart because they do not show the applicant was wounded as a result of hostile action.

3.  The applicant was entitled to award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award.

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 the individual concerned was awarded the World War II Victory Medal.

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

BOARD VOTE:  

SAC____  SLP____  EJA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR1998013392	
SUFFIX		
RECON	19990610 	
DATE BOARDED	YYYYMMDD	
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.