PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  6 February 2001
	DOCKET NUMBER:   AR2000047581

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Walter T. Morrison		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 award of the Purple Heart (PH) .

3.  The applicant states, in effect, that he should be awarded the PH for wounds received as a result of enemy action in World War II on 20 April 1945.  He was wounded as a result of enemy action on active duty and was never awarded the PH and should be awarded the medal now.  He submits a self-authored statement dated 16 August 2000, an official log dated 20 April 1945, and his honorable discharge certificate and discharge orders dated 31 October 1964 in support of his request.

4.  The applicant’s military records show that he was commissioned on 28 July 1942 with prior enlisted service and served overseas during the period 26 September 1942 to 1 September 1945 and 15 September 1950 to 22 January 1951.

5.  He was awarded a Bronze Star Medal (BSM) for heroic action on 17 June 1944.

6.  He was awarded a BSM (1st Oak Leaf Cluster (OLC)) on 28 June 1945 for heroic achievement in connection with military operations against the enemy during the period 20 to 29 April 1945.

7.  He was awarded a BSM (2nd OLC) on 7 December 1950.

8.  He was honorably discharged in the grade of captain effective 31 October 1964.

9.  His WD AGO Form 53-98 (separation document) dated 16 December 1945, shows he was awarded the BSM (2 OLC’s), Asiatic Pacific Theatre Ribbon and Medal and the American Defense Ribbon and Medal.  It does not show he was wounded in action or entitled to the PH.

10.  His DD Form 214 (separation document) dated 23 October 1951 shows he was awarded the BSM and the BSM (1st OLC), the Korean Service Medal, with four Bronze Service Stars, and a Meritorious Unit Commendation.  Item 29 shows no wounds received as a result of action with enemy forces or entitlement to the PH.

11.  There is no evidence in his records to show he was wounded in action or entitled to award of the PH.

12.  Army Regulation 600-8-22, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the 

wound was a 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 applicant is not entitled to award of the PH.  His records and available evidence do not show he was wounded in action or entitled to the PH award.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant is, however, entitled to correction to his WD AGO Form 53-99 to show award of the BSM and BSM (1st OLC).  He is also entitled to correction to his DD Form 214 to show award of the BSM, the BSM (1st OLC) and BSM (2nd OLC).

3.  The BSM awards are documented in his records.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal and Bronze Star Medal (1st OLC) for his period of service ending 1 September 1945 and the Bronze Star Medal, Bronze Star Medal (1st OLC) and Bronze Star Medal (2nd OLC) for his period of service ending 31 October 1964.

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

BOARD VOTE:  

__ro___  ___tl____  __wm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2000047581	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.