PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            20 July 2000                  
	DOCKET NUMBER:   AR2000039168

	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 correction of his discharge document to show award of the Purple Heart.

3.  The applicant states, in effect, that while driving a colonel from headquarters to a line company his jeep was “straffed” and bombed by German planes on 
25 December 1944.  He contends that he sustained shrapnel wounds to his forehead and left leg from the bomb explosion.  He also states that he was treated by a medic in a field station and that the shrapnel was not removed from his left calf until May 1945.  In support of his application, he submits a copy of WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) dated 22 October 1945 and a copy of his discharge document.

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 
26 April 1942.  He served as an auto mechanic in the European Theater of Operations from 10 April 1944 through 6 October 1945 and was honorably discharged on 23 October 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report or Separation), 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. The applicant provided a copy of WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 22 October 1945, which shows the entry “Steel fragment in left calf, May ’45 Germany Dispensary treatment” in item 11 (List all significant diseases, wounds, and injuries).  There is no evidence that this injury was the result of hostile action.

8.  The Board notes the applicant is eligible for award of the American Campaign Medal, the World War II Victory Medal and the European-African-Middle Eastern Campaign Medal with five bronze service stars.  These awards are not shown on his discharge document.   

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 
30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 
60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

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.

12.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he sustained shrapnel wounds to his forehead and left leg from a bomb explosion during World War II and the discharge medical examination submitted with his application.

2.  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.  The applicant also authenticated his discharge document at the time of his separation attesting to the fact he was not wounded or awarded the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

3.  Based on his service during World War II, the applicant is entitled to award of the American Campaign Medal and the World War II Victory Medal.  Therefore, he is entitled to correction of his military records to show these awards.

4.  Based on his service in the European-African-Middle Eastern Theater of Operations and participation in five campaigns, the applicant is entitled to award of the European-African-Middle Eastern Campaign Medal with five bronze service stars.  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 American Campaign Medal, the World War II Victory Medal and the European-African-Middle Eastern Campaign Medal with five bronze service stars.

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	AR2000039168	
SUFFIX		
RECON		
DATE BOARDED	20000720	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451023	
DISCHARGE AUTHORITY	AR 615-365   	
DISCHARGE REASON	Convenience of the Government RR 1-1, Demobilization	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0063	
3.	107.0066	
4.	107.0065	
5.		
6.