PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           17 January 2001                 
	DOCKET NUMBER:   AR2000042058

	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:

	Ms. JoAnn H. Langston 		Chairperson	
	Ms. Irene N. Wheelwright 		Member	
	Mr. Thomas B. Redfern, III 		Member	
	Ms. Karen Y. Fletcher 		Member	
	Mr. John P. Infante 		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein. 

	The applicant did not appear before the Board and was not represented by counsel.

	The Board considered the following evidence:

Exhibit A - Application for correction of military records
Exhibit B - Military Personnel Records (including advisory opinion, if any)
Exhibit C - Case Summary
Exhibit D - Live testimony and any evidence introduced during the hearing

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

3.  The applicant states in a letter of explanation, that while serving as a rifle platoon leader in the European Theater of Operations he sustained a minor wound in combat in March 1945.  He contends that he was hit by a bullet which grazed his right leg during a small arms attack, that this wound was treated at an aid station and he continued his duties without further incident.  He also contends that his company commander stated that he would get the Purple Heart but he never received an official order or citation for the medal. 

4.  In support of his application, the applicant submits a copy of his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service); two eyewitness statements; a copy of a letter from a friend, dated 9 May 1945; a copy of a Regimental map of France, Belgium and Germany; and two cover pages.  

5.  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 entered active duty on 17 February 1944.  He served as an infantry unit commander in the European Theater of Operations from 30 September 1944 to 27 July 1945 and was released from active duty in the rank of first lieutenant on 28 June 1946.

6.  The applicant’s WD AGO Form 53-98, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 30 (Wounds Received in Action) on the WD AGO Form 53-98 states “NONE”.  

7.  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 during World War II.  

8.  The applicant provided an eyewitness statement, dated 6 June 1999, from a member of his company attesting that the applicant was wounded in the leg by small arms fire during an attack on a small village in Germany in March 1945.  

9.  The applicant provided an eyewitness statement, dated 23 July 1999, from his lead scout and platoon runner attesting that the applicant sustained a wound to his leg in Germany.  

10.  The applicant provided a copy of a personal letter from a friend, dated 9 May 1945, who comments about him being wounded.  

11.  The applicant provided a copy of a Regimental map tracing the unit’s movement through France, Belgium and Germany.  
12.  The applicant also provided two cover pages with his application.   

13.  On 26 October 2000, a three-member panel of the Army Board for Correction of Military Records reviewed the applicant’s case and voted unanimously to grant a formal hearing.

14.  A case summary was sent to the applicant, but was returned as unclaimed.  Attempts were made to contact the applicant telephonically, but there was no response.  As originally scheduled, on 17 January 2001, a formal hearing was convened.  The applicant was not present and was not represented by counsel.

15.  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 reviewed the Case Summary and all of the documents submitted by the applicant.      

2.  The Board examined the available information from the hospital admission cards created by the Office of the Surgeon General which shows that the applicant was diagnosed with motion sickness in July 1944.  There is no medical evidence of record which shows the applicant was wounded or treated for wounds sustained as a result of hostile action during World War II.

3.  The Board considered the applicant’s contention provided in his letter of explanation that his company commander stated that he would get the Purple Heart.  However, the applicant did not provide any evidence to support this contention.   

4.  The eyewitness statements and the personal letter submitted on behalf of the applicant were also noted by the Board.  However, the Board concluded that these eyewitness statements made almost 55 years after the fact are not sufficient by themselves as a basis for award of the Purple Heart, particularly, in view of the fact that there is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.   

5.  After careful consideration of the available records, the Board unanimously determined there was insufficient evidence upon which to award the Purple Heart in this case.

RECOMMENDATION:

That the applicant’s request be denied. 

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042058	
SUFFIX		
RECON		
DATE BOARDED	20010117	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460628	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.