PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           5 April 2001                  
	DOCKET NUMBER:   AR2000049435

	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. W. W. Osborn Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Celia L. Adolpi 		Member	
	Mr. Harry O. Oberg		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.  Applicant requests reconsideration of his previous application to correct his military records by awarding him the Purple Heart.  He provides a copy of a hospital admissions summary that was in the custody of the department of Veterans Affairs. 

3.  The record of proceedings of the Board’s 12 April 2000 review of the case (AR1999030857) is incorporated herein by reference as if wholly set forth.

4.  The hospital admissions summary shows that the applicant was admitted after he “fell down a flight of stairs avoiding enemy fire” on 14 November 1944.

5.  This constitutes new evidence that requires Board consideration. 

CONCLUSIONS:

1.  Although the SGO Files list the applicant’s knee injury as a non-battle casualty, the hospital records clearly show that the wound was sustained as the direct result of enemy action.  The applicant was treated for a wound that was incurred as the result of enemy action and is entitled to an award of the Purple Heart.  

2.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error.

RECOMMENDATION:

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 for a wound sustained as the result of enemy action in Europe on 14 November 1944. 

BOARD VOTE:

_JH_____  __CLA__  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar______
		        CHAIRPERSON

INDEX

CASE ID	AR2000049735	
SUFFIX		
RECON		
DATE BOARDED	20010405	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.