PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                13 January 1999
	DOCKET NUMBER:        AC98-12084
               			        AR1998013536

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		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 three awards of the Purple Heart.

3.  The applicant states he was wounded three times, but his wounds were not critical.  He claims he did not accept the Purple Heart because he did not want his mother and wife notified by telegram of his wounds.  He also states he did not report his injuries because he was on outpost detail or machine gun post.  The applicant states that one wound was inflicted by a German soldier who struck him in the mouth with a rifle butt, that his teeth were repaired at the Veteran’s Hospital in New York City and Veteran’s Hospital at Northport, New York.  In support of his application, he submits a journal of his recollections of World War II which he prepared in 1995.  These documents were submitted to the Board. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 23 October 1942.
The applicant served in the European Theater of Operations from 15 December 1943 to 3 July 1945.  He was honorably discharged on 27 September 1945.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show the Purple Heart as an authorized award and shows the entry “None” in item 34 (Wounds Received in Action). 

5. There is no indication in the records available to the Board that the applicant was awarded the Purple Heart.  There also is no evidence of record which shows that the applicant was wounded or injured due to hostile action.  

6.  The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) which shows he is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge, the Presidential Unit Citation, the Meritorious Unit Citation, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with four bronze service stars, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, and the Belgian Fourragere.  These awards are not shown on his WD AGO Form 53-55.

7.  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.  Notwithstanding the applicant’s contentions that he was wounded or injured three times during World War II, there is no evidence of record available to the Board which shows that he was wounded or treated for wounds resulting from hostile action.  There is evidence of record available to the Board which was authenticated by the applicant at the time of his discharge from the Army and which shows that he was not wounded and was not awarded the Purple Heart.  On the basis of the records available, the Board has determined that the applicant is not entitled to the Purple Heart.

2.  Evidence of record shows the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge , the Presidential Unit Citation, the Meritorious Unit Citation, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with four bronze service stars, the World War II Victory Medal, that Army of Occupation Medal with Germany Clasp, and the Belgian Fourragere.  Therefore, he is entitled to correction of his records to show these awards and decorations.

3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, 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 Bronze Star Medal based on award of the Combat Infantryman Badge , the Presidential Unit Citation, the Meritorious Unit Citation, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with four bronze service stars, the World War II Victory Medal, that Army of Occupation Medal with Germany Clasp, and the Belgian Fourragere.

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

BOARD VOTE:  

TNK____  WTM____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12084/AR19998013536	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990113	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450930	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.