PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2000                  
	DOCKET NUMBER:   AR2000040713

	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. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith 		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, as the widow of a deceased former service member (FSM), that her husband’s military records be corrected to show award of the Purple Heart.

3.  The applicant states, in effect, that the FSM was wounded in action on
10 April 1945 in Germany.  She contends that he sustained bullet metal in his hand, subsequently developed blood poisoning and was in an Army hospital on 
7 May 1945 (the day the war ended).  In support of her application, she submits a newspaper article which indicates that the FSM was wounded in action on
10 April 1945 in Germany; two photographs depicting a soldier with a bandage on his left hand; a copy of the FSM’s Death Certificate; and a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation).

4.  The FSM’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 FSM was inducted on 
18 November 1942.  He served as a squad leader in the European Theater of Operations from 24 September 1944 through 23 January 1946 and was honorably discharged on 8 February 1946.  He was awarded the Combat Infantryman Badge.

5.  The FSM’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 FSM was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
34 (Wounds Received in Action) of the FSM’s WD AGO Form 53-55 states “None”. 

7.  The available records contain DA Form 1577 (Authorization for Issuance of Awards), dated 11 June 1984, which shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the FSM was entitled to the Bronze Star Medal (based on award of the Combat Infantryman Badge).  This award is not shown on the FSM’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.  There is no evidence of record available to the Board which shows the FSM was injured or wounded as a result of hostile action during World War II.
2.  The FSM signed his discharge document attesting to the fact he was not entitled to the Purple Heart.

3.  The Board noted the newspaper article provided by the applicant which indicates that the FSM was wounded in action on 10 April 1945 in Germany.  However, this newspaper article is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the FSM was not wounded.  Therefore, the FSM is not entitled to correction of his military records to show award of the Purple Heart.  

4.  The FSM 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 FSM’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 FSM 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:  

HOF____  JPI_____  RKS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Hubert O. Fry, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR2000040713	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460208	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government (Demobilization RR1-1	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.