PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 February 2001                  
	DOCKET NUMBER:   AR2000046934

	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	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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, the son of the deceased former service member (FSM), requests that the FSM’s military records be corrected to show award of the Purple Heart (PH).

3.  The son of the applicant states that the FSM was wounded in action on 
8 October 1918 while serving with the 38th Infantry, Third Division, during World War I.  He provides a copy of the FSM’s Honorable Discharge (Form No. 525, AGO), Statement of Service, supporting statements, photographs of the FSM’s Victory Medal, dog tags, and a copy of the 38th Infantry casualty report dated 
12 October 1918.

4.  The FSM’s military personnel and medical records were not available to the Board.  Information herein was obtained from the evidence provided by the applicant.

5.  The FSM’s Form No. 525 shows that the FSM entered the Army on 
9 December 1917 and was assigned to Europe with Company K, 38th Infantry in March 1918.  The reverse side of this form shows that the FSM received a machine gun bullet wound to his right hand on 8 October 1918.

6.  The FSM’s Statement of Service dated 23 January 1953, shows that on 
8 October 1918 the FSM was wounded in action and was returned to the United States in February 1919.  He was honorably discharged on 9 July 1919, in the rank of private by reason of demobilization.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the PH 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 by a medical officer, and the medical treatment must have been made a matter of official record

CONCLUSIONS:

1.  The available evidence shows that the FSM was wounded in action.  Even though personnel and medical records are no longer available, it is reasonable to presume that the FSM received at least field medical treatment for the wound to his right hand.  Therefore, he should be entitled to award of the PH.

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 awarding the individual concerned the PH for wounds received in action on 
8 October 1918, while serving with Company K, 38th Infantry.

BOARD VOTE:  

__RVO__  __TSK__  ___SK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr. __
		        CHAIRPERSON

INDEX

CASE ID	AR2000046934	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
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.