PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               17 June 1999               
	DOCKET NUMBER:      AR1999016565

	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. 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, as the widow of a deceased former service member (FSM), correction of her husband’s military records to show award of the Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, the Combat Infantryman Badge, the French Fourragere and the Honorable Service Lapel Button (WWll).

3.  The applicant states, in effect, that the FSM was wounded at Anzio Beachhead in Italy during World War II.  She contends that the FSM was on the first ship to land at Anzio and was among the first casualties in the Evacuation Hospital.  However, due to the confusion of battle and other priorities, his award was overlooked.  She also contends that when the FSM died in 1994 he had shrapnel in his back.  In support of her application, she submits a Veterans Affairs (VA) letter, dated 20 December 1994, which indicates that the FSM was rated by the VA as being 100 percent disabled due to service connected causes at the time of his death; a copy of the FSM’s WD AGO Form 53 (Report of Separation); a Congressional letter, dated 18 May 1998, which shows the FSM was authorized numerous awards by the U.S. Army Reserve Personnel Command; and a 25 May 1998 letter from the applicant to the Army Personnel Center. 

4.  The FSM’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 that the FSM was inducted on 3 June 1943.  He served as a rifleman in the European Theater of Operations from
4 December 1943 through 17 August 1944 and was honorably discharged on 
23 November 1944.

5.  The FSM’s WD AGO Form 53, which was authenticated in his own hand, does not show the Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the World War II Victory Medal, the French Fourragere or the Honorable Service Lapel Button (WWll) as authorized awards.  The Board notes that item 32 (Military Qualification and Date) of the applicant’s WD AGO Form 53 shows “Combat Infantryman Badge” and item 57 (Remarks) shows “European African Middle Eastern Theater Campaign Ribbon” (correctly known as the European-African-Middle Eastern Campaign Medal); therefore, these awards will not be discussed further in the proceedings.  

6.  There is no evidence in the available records that show the FSM was awarded the Purple Heart or was wounded as a result of hostile action.  Item
35 (Wounds Received in Action) of the WD AGO Form 53 states “None”.

7.  The applicant provided a copy of a Congressional letter, dated 18 May 1998, which shows the U.S. Army Reserve Personnel Command determined that the FSM was entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Good Conduct Medal, the World War II Victory Medal, the French Fourragere and the Honorable Service Lapel Button (WWll).

8.  Army Regulation 600-8-22 (Military Awards) 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.  The Board noted the applicant’s contention that the FSM was wounded at Anzio Beachhead in Italy during World War II.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the FSM was wounded or treated for wounds as a result of hostile action.  

2.  The preponderance of evidence in this case shows that the FSM was not wounded.  Therefore, the FSM is not entitled to award of the Purple Heart.

3.  The FSM was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Good Conduct Medal, the World War II Victory Medal, the French Fourragere and the Honorable Service Lapel Button (WWll).  Therefore, the FSM is entitled to correction of his military records to show these awards.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records 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 Good Conduct Medal, the World War II Victory Medal, the French Fourragere and the Honorable Service Lapel Button (WWll).

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	AR1999016565	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990617	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19441123	
DISCHARGE AUTHORITY	AR 615-365    	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0065	
4.	107.0111	
5.		
6.