PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                17 June 1999
	DOCKET NUMBER:        AR1999015253

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater 		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr.  Ernest W. Lutz, 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 WD AGO 55 (Enlistment Record) to show that he was separated in the pay grade of E-6/SSG and awarded the Purple Heart.

3.  The applicant states that he was a staff sergeant and was wounded at the battle of Mt. Sacino, Italy in 1943.  He also states that he was not in the medical corps; however, he was assigned to the 16th Infantry from January 1936 to October 1938. 

4.  The applicant’s military records were destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 8 January 1937.  He continued to serve until he was honorably discharged on 26 October 1938.

5.  After a break in service, he reenlisted on 13 June 1940.  He served in the European African-Middle Eastern Theater of Operation from 3 September 1943 to 4 March 1944 and was honorably discharged on 4 May 1944.

6.  The applicant’s War Department Form 370 (Final Payment Work Sheet), which is Authenticated in his own hand, show that he was paid as an
E-1/PVT prior to discharge.

7.  The applicant’s WD AGO 55 shows he was awarded the American Defense Service Medal, the European African-Middle Eastern Ribbon and the Sharpshooter Qualification Badge.

8.  The applicant’s WD AGO 55 does not show the Purple Heart as an authorized award.  Item 21 (Wounds Received in Service) of the applicant’s WD AGO 55, which was authenticated in his own hand, shows the entry “None noted”.

9.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 24 September 1997, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the World War II Victory Medal.

11.  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 in the available records to show that he was advanced higher than pay grade E-1 prior to discharge.  Therefore, there is no basis to correct his WD AGO 55.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in World War II.  Therefore, he is not entitled to award of the Purple Heart.

3.  The applicant is entitled to the World War II Victory Medal.  Therefore, he is entitled to the 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 World War II Victory Medal.

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

BOARD VOTE:  

JLP_____  TAP_____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Jennifer L. Prater____
		CHAIRPERSON

INDEX

CASE ID	AR1999015253	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990617	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19440504	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61		
2.  100		
3.		
4.		
5.		
6.