PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            14 September 2000                  
	DOCKET NUMBER:   AR2000042419

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. Elzey J. Arledge, Jr.		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 that his discharge document clearly shows that he received wounds on 14 March 1945 in Germany.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a copy of a War Department card signed by the Secretary of War.

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 he was inducted on 26 August 1943.  He served as a heavy mortar gunner in the European-African-Middle Eastern Theater of Operations from 2 November 1944 until 30 June 1945 and was honorably discharged on 7 February 1946.   

5.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award.

6.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 shows the entry “GERMANY 14 MARCH 1945”.

7.  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 applicant’s WD AGO Form 53-55 shows he was wounded in action on 
14 March 1945 in Germany.  Therefore, he is entitled to correction of item
33 (Decorations and Citations) on his WD AGO Form 53-55 to show award of the Purple Heart. 

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the entry “Purple Heart” in item 33 (Decorations and Citations) on the WD AGO Form 53-55 of the individual concerned.

BOARD VOTE:  

RVO____  MKP____  EJA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2000042419	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460207	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.