PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 October 2000   
	DOCKET NUMBER:   AR2000043790

	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		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda D. Simmons		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 a second award of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

3.  The applicant states, in effect, that he sustained a gunshot wound to his left ankle in January 1945 during World War II.  He contends that his unit failed to process his award of the Purple Heart at the time of his injury.  He also contends that an x-ray performed during a Compensation and Pension examination in September 1999 clearly shows a hole through his left ankle.  In support of his application, he submits VA Form 10-5345 (Request for and Consent to Release of Medical Records Protected by 38 U.S.C. 7332) dated 16 May 2000; a summary of his Compensation and Pension examination conducted on 
1 September 1999; and an excerpt which shows the units of the 79th Division in combat during World War II.

4.  The applicant’s military records show that he was inducted in the Army of the United States on 11 October 1943.  He served as a heavy mortar crewman in the European Theater of Operations and was honorably discharged on 6 November 1945  to reenlist in the Regular Army.  He subsequently served on active duty through broken enlistments until he retired on 30 April 1964 in the rank of sergeant first class. 

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) with an effective date of 6 November 1945, which was authenticated in his own hand, does not show any award of the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows “None”.

6.  The applicant’s WD AGO 24 (Service Record) does not show entitlement to any award of the Purple Heart in the appropriate section for medals and decorations.  The Board notes that this section does show entitlement to the European-African-Middle Eastern Campaign Medal with four bronze service stars.  This award is not shown on the applicant’s discharge document. 

7.  The applicant’s records contain Permanent Orders 11-83, dated 19 January 1981, which show the applicant was awarded the Purple Heart for wounds received as the result of hostile action on 2 January 1945 in the European Theater of Operations.  This award was based on medical evidence of record which shows the applicant received a concussion from an artillery shell on 
2 January 1945 during World War II. 

8.  There is no evidence in the available records which shows the applicant sustained a gunshot wound to his left ankle or was wounded a second time as a result of hostile action during World War II. 

9.  The applicant provided a summary of his Compensation and Pension examination conducted on 1 September 1999.  This summary shows “HISTORY: His left injury ankle stems back to a gunshot wound in World War II in 1945 when he was hit by a ricochet bullet that entered the medial side of his left ankle.  He had the bullet removed later in July of that year.”  There is no evidence which shows this injury was the result of hostile action.   

10.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded on 2 January 1945 as a result of hostile action (concussion from an artillery shell) during World War II and subsequently awarded the Purple Heart in 1981.     

2.  The Board noted the applicant’s contention that he also sustained a gunshot wound to his left ankle in January 1945 during World War II.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action during World War II on more than one occasion.  Therefore, the applicant is entitled to correction of his military records to show only one award of the Purple Heart.

3.  The applicant was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars.  Therefore, he is entitled to correction of his military records to show this award.  

4.  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 Purple Heart and the European-African-Middle Eastern Campaign Medal with four bronze service stars.

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

BOARD VOTE:  

RVO____  BJE____  LDS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043790	
SUFFIX		
RECON		
DATE BOARDED	20001017	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19640430	
DISCHARGE AUTHORITY	Title10 USC Sec 3914	
DISCHARGE REASON	Retirement	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0065	
3.		
4.		
5.		
6.