PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            15 August 2000    
	DOCKET NUMBER:   AR2000042129

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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 and that his records be corrected to reflect that he sustained a concussion on 20 January 1944 as a "result of [a] German mortar explosion…."  In support of his request he submits a statement from a fellow soldier stating the applicant "sustained a concussion as a result of an enemy generated (German) mortar explosion, while searching for enemy mines."  The statement indicates the applicant was hospitalized for 10 days.  He also submits an extract he copied from a 16 January 1945 "Stars & Stripes."  The extract makes no mention of the applicant sustaining any wounds.

3.  Records available to the Board indicate the applicant entered active duty on 22 May 1940 and served overseas with the 19th Combat Engineer Regiment between September 1942 and June 1945.  He was honorably discharged on 
10 July 1945 as a result of demobilization.  Item 34 (wounds received in action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), which the applicant authenticated with his signature and thump print, reflects "NONE."

4.  A biographical statement about the applicant, contained in the extract from the "Stars & Stripes" submitted by him in support of his request, makes no mention of any wounds sustained by the applicant.

5.  There were no medical records available to the Board and the applicant provided no medical evidence to support his contention.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

7.  Army Regulation 600-8-22 also provides that individuals who served in the Army between 7 December 1941 and 31 December 1946 are entitled to the World War II Victory Medal.

CONCLUSIONS:

1.  While the applicant claims to have been wounded as a result of hostile action during World War II there is no medical evidence which supports that contention. In the absence of more conclusive evidence the Board is reluctant to award the Purple Heart based solely on a statement render years after the fact which is not supported by any evidence in official records.

2.  However, the Board does note that the applicant is entitled to the World War II Victory Medal.

3.  In view of the foregoing, the applicant’s records should be corrected 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 is entitled to the World War II Victory Medal.

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

BOARD VOTE:  

__tdh___  ___aao__  ___gjw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042129	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000815	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.