PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 September 2000  
	DOCKET NUMBER:   AR2000043310

	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	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 he is entitled to award of the Purple Heart for wounds sustained to his left hand during World War II.  He also contends that this is his second request for an award of the Purple Heart.  In support of his application, he submits a letter of explanation, a copy of his WD AGO Form 
53-55 (Enlisted Record and Report of Separation) and a copy of a DD Form 
149 (Application for Correction of Military Record) dated 22 July 1996. 

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
10 October 1942.  He served as a light truck driver in the European Theater of Operations from 18 April 1944 through 27 November 1945 and was honorably discharged on 8 December 1945.  The applicant was awarded the Combat Infantryman Badge during World War II.  

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 states “None”. 

6.  There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  

7.  DA Form 1577 (Authorization for Issuance of Awards), dated 21 July 1988, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Bronze Star Medal (based on award of the Combat Infantryman Badge), the European-African-Middle Eastern Campaign Medal with one silver service star and the Army of Occupation Medal with Germany Clasp.  These awards are not shown on his discharge document.     

8.  There is no evidence in the available records which shows the applicant’s DD Form 149, dated 22 July 1996, was received and considered by the Army Board for Correction of Military Records prior to this review.

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.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he is entitled to award of the Purple Heart for wounds sustained to his left hand during World War II.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action during World War II.

2.  The applicant signed his discharge document attesting to the fact that he was not wounded as a result of hostile action and was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

4.  The applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the European-African-Middle Eastern Campaign Medal with one silver service star and the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his military records to show these awards. 

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 Bronze Star Medal (based on award of the Combat Infantryman Badge), the European-African-Middle Eastern Campaign Medal with one silver service star and the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:  

JHL_____  CLG____  ENA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2000043310	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451208	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government RR1-1 (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0065	
4.	107.0067	
5.		
6.