PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 February 2001                   
	DOCKET NUMBER:   AR2000048735

	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	
	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 requests, as the widow of a deceased former service member (FSM), correction of her husband’s military records to show award of the Purple Heart.  

3.  The applicant states, in effect, that the FSM was shot in the right leg in the Philippines during World War II.  She contends that the FSM still had the bullet in his leg when he died, that he also had “stratnum” in his back and behind his ear; and that he was blown off of a truck.  In support of her application, she submits a DD Form 149 (Application for Correction of Military Records), dated 11 October 2000, executed by her daughter; a letter of explanation from her daughter dated 16 September 2000; a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation); the FSM’s Death Certificate; her daughter’s Birth Certificate; VA Form 21-4138 (Veterans Administration Statement in Support of Claim) dated 16 July 1981 executed by the FSM; the FSM’s Army Separation Qualification Record; Standard Form 180 (Request Pertaining to Military Records) dated September 2000; and a photograph of numerous medals and decorations.  

4.  The FSM’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 FSM enlisted on 31 March 1941.  He served as a truck driver in the Asiatic-Pacific Theater from 24 July 1943 through 26 August 1945 and was honorably discharged on 30 September 1945.

5.  The FSM’s discharge document, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

6.  There is no evidence in the available records that shows the FSM was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
34 (Wounds Received in Action) of the FSM’s WD AGO Form 53-55 states “None”. 

7.  Item 11 (List all Significant Diseases, Wounds, and Injuries) on the FSM’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 29 September 1945, shows the FSM was diagnosed with Malaria in June 1945; sustained a chest injury in December 1944 from a G.I. wreck; and reinjured a right arm injury in March 1944 when he dropped a box of ammo on it.  There is no mention of any wounds or injuries sustained as a result of hostile action during World War II.       

8.  The available records contain VA documentation which shows service connection was established for shrapnel wounds with a rating of zero percent.  VA documentation also shows that shrapnel wounds were not shown nor found in the FSM’s service medical records.
9.  DA Form 1577 (Authorization for Issuance of Awards), dated 24 April 1978, shows the Reserve Components Personnel Administrative Center in St. Louis, Missouri, determined the FSM was eligible for the Bronze Star Medal (based on award of the Combat Infantryman Badge).  This award is not shown on his discharge document.

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.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that the FSM was shot in the right leg in the Philippines during World War II.  However, there is no evidence of record which shows that the FSM was injured or treated for wounds as a result of hostile action during World War II.  

2.  The Board noted the VA decision to award service connection for shrapnel wounds.  However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.  The VA stated there was no medical record of wounds and the applicant signed his own discharge which attested that he was not wounded in action and did not receive the Purple Heart.  Therefore, the FSM is not entitled to award of the Purple Heart.

3.  The FSM received the Bronze Star Medal (based on award of the Combat Infantryman Badge); therefore, he is entitled to correction of his military records to show this medal.

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 Bronze Star Medal (based on award of the Combat Infantryman Badge).

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

BOARD VOTE:  

RVO____  TSK____  SK______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048735	
SUFFIX		
RECON		
DATE BOARDED	20010222	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450930	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government RR 1-1 (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.