PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 29 July 1999
	DOCKET NUMBER:        AR1999018744

	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:

	Mr. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Curtis L. Greenway		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, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the Purple Heart and to show all awards and decorations to which he is entitled.

3.  The applicant states, in effect, that he was not issued the Purple Heart for his participation in the Battle of the Bulge during World War II in 1944 while he was assigned to the 821 Tank Destroyer Battalion.  He also states that he should have been authorized and issued additional medals during World War II.  He further states that he was not awarded any medals for the invasion of France which were issued by the French Government.

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 5 January 1943 as a truck driver.  He served in the European-African-Middle Eastern Theater of Operations from 17 April 1943 to 28 November 1945 and was honorably discharged on 11 December 1945.

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the European-
African-Middle Eastern Service Medal with four bronze service stars, the Good Conduct Medal, the World War II Victory Medal and the Bronze Star Medal.  His discharge document does not show the Purple Heart as an authorized award.  

6.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “NONE”.  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.

7.  The Board notes that the applicant is entitled to the Meritorious Unit Commendation and the Army of Occupation Medal with Germany Clasp.

8.  The applicant was awarded the Meritorious Unit Commendation by 
29th Infantry Division General Orders Number 138, dated 22 April 1945, 
which are not shown on his discharge document.

9.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the applicant’s unit 
(Company C, 821 Tank Destroyer Battalion) received occupation credit for qualifying service in Germany from 2 May 1945 to 14 August 1945.

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.
11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1.  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 World War II.  Therefore, he is not entitled to the award of the Purple Heart.

2.  The applicant was awarded the Meritorious Unit Commendation and the Army of Occupation Medal with Germany Clasp; therefore, he is entitled to correction of his records to show these awards.

3.  The Board noted the applicant’s contention that he was not awarded any medals issued by the French Government for the invasion of France.  There is no indication in the applicant’s records which shows he was considered or recommended for any personal decorations by the French Government.  There also is no record in the Unit Citation and Campaign Participation Credit Register that the applicant’s unit received any unit awards from the French Government.  Therefore, he is not entitled to correction of his records to show any foreign awards.

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 in item 33 (Decorations and Citations) of his WD AGO Form 53-55 that he was awarded the Meritorious Unit Commendation and the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:  

CHL____  SLP_____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Charles H. Loundermon_
		        CHAIRPERSON

INDEX

CASE ID	AR1999018744	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990729	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451211	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.