PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                8 September 1999                   
	DOCKET NUMBER:        AR1999020438

	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. Fred K. McCoy		Chairperson	
	Ms. Karen L. Wolff 		Member	
	Mr. Orville W. Troesch, 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, 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.

3.  The applicant states, in effect, that he was injured on three separate areas of his body.  He also states that a field medic who was later killed the same day he was treated in Chartres, France treated him.  He further states that he was recently examined at the VA Medical Center in Albany, New York and a small piece of shrapnel was revealed on the right side of his forehead.

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 that the applicant was inducted on 13 August 1942.  He served in the European African Middle Eastern Theater of Operations from 19 June 1943 to 28 July 1945 and was honorably discharged on 11 October 1945.

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Service Medal with two bronze service stars and the Good Conduct Medal.

6.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO 53-55, which was authenticated in his own hand, shows the entry “None”.

7.  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.

8.  The applicant did not submit service medical records or VA medical files for review.

9.  The Board notes that his WD AGO Form 53-55 does not show the World War II Victory Medal.

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, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

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 during his service in World War II.  The Board noted that the applicant authenticated his discharge which attested to the fact that he was not wounded and was not awarded the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart.

2.  Evidence of record shows that the applicant was eligible for award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award.

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 in item 33 (Decorations and Citations) of his WD AGO Form 53-55 that he 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:  

FKM____  KLW____  OWT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred K. McCoy_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020438	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990908	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451011	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  		
3.		
4.		
5.		
6.