PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            20 July 2000                  
	DOCKET NUMBER:   AR2000038420

	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. Carl W. S. Chun		Director	
	Ms. Wanda L Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell 		Member	
	Mr. Kenneth L. Wright		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 award of the Purple Heart.

3.  The applicant states that he was wounded in the arm by mortar fire while on a combat patrol during World War II.  He contends that he did not seek treatment at the time because the wounds did not appear serious.  However, a few days later the wounds became infected and blood poisoning set in.  He goes on to state that he was hospitalized, received penicillin shots and later returned to the front line because the Battle of the Bulge had begun.  In support of his application, he submits a letter of explanation, dated 24 February 2000; and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).   

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 
18 June 1943.  He served as a communications chief in the European Theater of Operations from 10 October 1944 through 7 March 1946 and was honorably discharged on 25 March 1946.  The applicant was awarded the Combat Infantryman Badge during World War II.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

6.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 states “None”. 
  
7.  DA Form 1577 (Authorization for Issuance of Awards), dated 8 February 2000, shows the National Personnel Records Center in St. Louis, Missouri, determined that the applicant was entitled to the Bronze Star Medal (based on award of the Combat Infantryman Badge).  This award is not shown on the applicant’s discharge document. 

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 he was wounded in the arm by mortar fire while on a combat patrol during World War II.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action during World War II.

2.  The applicant signed his discharge document attesting to the fact that he was not wounded as a result of hostile action and was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

4.  The applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge).  Therefore, he is entitled to correction of his military records to show this award. 

5.  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 Bronze Star Medal (based on award of the Combat Infantryman Badge).

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

BOARD VOTE:  

SAC____  AMC____  KLW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2000038420	
SUFFIX		
RECON		
DATE BOARDED	20000720	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460325	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government RR1-1 (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.