PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           2 September 1999  
	DOCKET NUMBER:   AR1999020749

	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. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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 military records to show two awards of the Purple Heart (correctly known as the Purple Heart with one Oak Leaf Cluster).

3.  The applicant states, in effect, that he was wounded on two separate occasions during World War II.  He contends that he sustained a shrapnel wound to his right shoulder on 12 April 1945.  He also contends that he was struck by a German tank round which caused him to fall down a cliff and that he was evacuated to a hospital in France.  In support of his application, he submits a letter of explanation, a copy of WD AGO Form 53 (Enlisted Record and Report of Separation), a copy of WD AGO Form 53-55 (Enlisted Record and Report of Separation) and two DD Forms 214 (Report of Transfer or Discharge).

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 into the Army of the United States on 10 September 1943.  He served in the European Theater of Operations from 12 February 1945 to 28 November 1945 and was honorably discharged on 23 October 1945.  He immediately enlisted in the Regular Army on 24 October 1945 and served as a rifleman in the European Theater of Operations from 24 March 1946 to 19 September 1948 and was honorably discharged on 6 October 1948.  He reenlisted on 14 September 1950 and remained on active duty through continuous enlistments until he was retired in the rank of master sergeant on 31 December 1965.    

5.  The applicant’s discharge documents, which were authenticated in his own hand, do not show any award of the Purple Heart.  Items 34 (Wounds Received in Action) and 27 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s discharge documents show “None”.   

6.  The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 14 April 1945 for sprain of joint (ankle) which was listed as a battle injury.

7.  There is no evidence in the available records which shows the applicant was injured or wounded a second time as a result of hostile action during World War II.    

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.
CONCLUSIONS:

1.  Notwithstanding the applicant’s contention that he was wounded on two separate occasions during World War II, the medical evidence of record shows the applicant was injured and hospitalized on 14 April 1945 for a battle injury.  Therefore, he is entitled to correction of his military records to show one award of the Purple Heart. 

2.  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 Purple Heart.

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

BOARD VOTE:  

MKP____  TNK_____  JMA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999020749	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19651231	
DISCHARGE AUTHORITY	Title 10 USC 3914	
DISCHARGE REASON	Retirement (20 years)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.