PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            22 October 1998                  
	DOCKET NUMBER:   AC98-09169

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Fred K. McCoy		Member	
	Ms. Shirley L. Powell 		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 award of the Purple Heart.

3.  The applicant states he was a prisoner of war (POW) for 26 months during World War II.  In effect, he contends he is entitled to the Purple Heart based on legislation passed by Congress in 1992, awarding the Purple Heart to all former POW’s.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on 18 July 1942.  He served in the European-African-Middle-Eastern Theater of Operations for 27 months and was held by Germany as a POW from 17 February 1943 until 12 April 1945.  He was separated with an honorable discharge on 9 October 1945.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award.

5.  There is no evidence in the applicant’s personnel records that show he was injured or wounded as a result of hostile action.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, states “None”.  

6.  DA Form 1577 (Authorization for Issuance of Awards), dated 4 August 1988, shows that the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the POW Medal.  This award is also not shown on the applicant’s WD AGO Form 53-55.

7.  During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity or while being taken captive.  These injuries were considered to be the result of war crimes and not the result of a legal action of war.  War Department policy, at that time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war.  The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War was considered several times.  Initially it was decided that the change in policy would not be retroactively implemented.  It was concluded that it would be inappropriate for the Department of Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership.  However, as part of the National Defense Authorization Act (NDAA) of 1996 Congress authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner or war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

CONCLUSIONS:

1.  Contrary to the applicant’s contention that the Purple Heart was awarded to all former POW’s, the National Defense Authorization Act of 1996 authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962.

2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded by hostile action, wounded while held as a POW or wounded while being taken captive.  Therefore, he is not entitled to award of the Purple Heart.

3.  The applicant was awarded the POW	 Medal; therefore, he is entitled to correction of his records to show this award.

4.  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 POW Medal.

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

BOARD VOTE:  

JH______  FKM____  SLP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON