PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  1 February 2001
	DOCKET NUMBER:  AR2000047381

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. James E. Anderholm		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, in effect, award of the Purple Heart (Second Oak Leaf Cluster) for wounds he received in combat.

3.  The applicant states, in effect, that item 34 (Wounds Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation ) does not show his third wound.  He also states that he was wounded in Belgium in 1945 and France in 1944.  He further states that item 34 of his WD AGO Form 53-55 does not show the wound that he received in December 1943 while serving in Italy.  He goes on to state that he was a member of the First Special Service Force and was wounded on or about 6 or 8 December 1943 on “Mount La Difensa” in Italy.

4.  The applicant’s military records were destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he entered active duty on 6 May 1940 as an infantryman squad leader (7745).  He served in the Pacific Theater of Operations from 24 July 1943 to 22 August 1943 and in the European-African-Middle Eastern Theater of Operations from 5 November 1943 to 19 June 1945 and was honorably discharged on 2 July 1945.

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the Purple Heart (1st Bronze Oak Leaf Cluster), the Good Conduct Medal, the American
Defense Service Medal with one bronze service star, the European-African-Middle Eastern Campaign Medal with one silver service star, the Asiatic-Pacific Theater Campaign Medal with one bronze service star, three Overseas Service Bars and the Combat Infantryman Badge.  His discharge document does not show any additional awards of the Purple Heart.

6.  Item 34 of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “Wounded in Action Belgium 28 Jan 45 Barnville France 28 Sept 44”.

7.  The applicant’s records contain a WD AGO Form 55A (Clinical Record Brief) 
which shows that the entry “SFW (Shell Fragment Wound) lac (laceration), rt (right) hand (wrist) forehead, lip, chin, WIA (Wounded in Action) 2200hrs 9 Dec 43 near Mignaro, Italy”.

8.  A DA Form 1577 (Authorization for Issuance of Awards), dated 1 April 1978, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to be issued the Bronze Star Medal based on award of the Combat Infantryman Badge and the World War II Victory Medal.

9.  Army Regulation 600-8-22 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. 

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

CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Purple Heart (First Oak Leaf Cluster) for wounds he received on 28 January 1945 and 28 September 1944 while serving in the European-African-Middle Eastern Theater of Operations.  The evidence of record also shows that he was wounded in action the third time in Italy on 9 December 1943 while serving in the European-African-Middle Eastern Theater of Operations.  Therefore, he is entitled to correction of item 33 (Awards and Decorations) to show that he was awarded the Purple Heart (Second Oak Leaf Cluster) and to show in item 34 (Wounds Received in Action) of his WD AGO Form 53-55 to show the entry 
“Italy 9 Dec 43”.

2.  The applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge and the World War II Victory Medal.  Therefore, 
he is entitled to correction of his records to show these awards.

3.  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 for the individual concerned be corrected:

a.  by showing in item 33 (Awards and Decorations) of his WD AGO Form 53-55 that he was awarded the Purple Heart (Second Oak Leaf Cluster), the Bronze Star Medal based on award of the Combat Infantryman Badge and the World War II Victory Medal; and

b.  by showing in item 34 (Wounds Received in Action) of his WD AGO Form 53-55 the entry “Italy 9 Dec 43”.

BOARD VOTE:  

__ls___  ___bl___  ___ja___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047381	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010201	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450702	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.