PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            28 August 2001
	DOCKET NUMBER:   AR2001057850

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		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, that he be awarded the Purple Heart (PH).

3.  The applicant states, in effect, that he was wounded in North Africa.  He further states that his Enlisted Record and Report of Separation (WD AGO Form 53-55) should reflect he was wounded and awarded the PH.  In support of his application he submits an Army Surgeon General Office hospitalization file listing from the Office of the Surgeon General, Department of the Army for the year 1944 and his WD AGO Form 53-55.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55 that was submitted with his application.

5.  His separation document shows he was inducted on 3 November 1942 and was trained and served as a light truck driver.  He was awarded the World 
War II Victory Medal, the American Theater Service Medal, the 
European-African-Middle Eastern Service Medal, and the Good Conduct Medal. 

6.  The applicant’s separation document does not show the PH as an authorized award.  Item 34 (Wounds Received In Action) of the applicant’s separation document shows the entry “None”.

7.  The unit morning reports in the file show the applicant was evacuated and assigned to the 43rd Evacuation Hospital on 14 May 1944 for treatment of wounds to his foot caused by shrapnel.

8.  The Army Surgeon General Office hospitalization file listing for 1944 shows that the applicant was admitted in May 1944 for treatment of a wound to his left foot caused by artillery shell fragments.

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.

CONCLUSIONS:

1.  The applicant’s records were lost or destroyed in the fire at the Records Center and there are no personal records which may have contained general orders announcing the award of the PH.

2.  Evidence of record shows that the applicant was wounded in action on
14 May 1944, while serving in North Africa, as a result of action with enemy forces.  Therefore, he is entitled, to correction of item 33 (Decorations and Awards) to show he was awarded the PH and to show in item 34 (Wounds Received In Action) of his WD AGO Form 53-55 the entry “Shrapnel 
Wound - Foot -14 May 1944 North Africa”.

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 be corrected showing that the individual concerned was awarded the PH and to show in item 34 the entry “Shrapnel Wound - Foot - 14 May 1944 North Africa”.

BOARD VOTE:  

___JNS__  __RTD__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057850	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/28	
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.