PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                 11 October 2001                        
	DOCKET NUMBER:        AR2001058892

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Mark D. Manning 		Member	
	Mr. Jose A. Martinez		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

3.  The applicant states that the Purple Heart was omitted from his records.  He states that when he was with the 101st Infantry Division, he received a shrapnel wound while in a foxhole.  He also states that he was hospitalized in France in 1943.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources which show that he entered active duty on 16 January 1941.  He served in the European-African-Middle Eastern Theater of Operations from 7 September 1944 to 10 November 1945.  The applicant was honorably discharged on 24 November 1945. 

5.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  His discharge document shows the entry “None” in 
item 34 (Wounds Received in Action).

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His WD AGO Form 24 (Service Record) does not list award of the Purple Heart.

7.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  These files show that the applicant sustained a non-battle injury.

8.  The Board noted that the applicant is entitled to the European-African-Middle Eastern Service Medal with three bronze service stars which is not shown on his discharge document.

9.  The applicant’s WD AGO Form 53-55 shows he received credit for participation in the Rhineland, Ardennes, and Central Europe campaigns in item 32 (Battles and Campaigns).

10.  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.

11.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation, or in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation also states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he received a shrapnel wound while he was in a foxhole and that he was hospitalized in France in 1943. However, evidence available to the Board shows the applicant sustained a non-battle injury.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, there is no basis for granting the applicant award of the Purple Heart.

3.  The applicant’s WD AGO Form 53-55 shows he received credit for participation in three campaigns while assigned in the European-African-Middle Eastern Theater of Operations; therefore, he is entitled to correction of his records to show three bronze service stars to be affixed to his European-African-Middle Eastern Campaign Ribbon.

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 the individual concerned be corrected:

	a.  by deleting the European-African-Middle Eastern Campaign Ribbon from item 33 (Decorations and Citations) of his WD AGO Form 53-55; and

	b.  by showing he was awarded the European-African-Middle Eastern Campaign Ribbon with three bronze service stars.

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

BOARD VOTE:  

JL______  MDM____  JAM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Joann Langston________
		        CHAIRPERSON

INDEX

CASE ID	AR2001058892	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Scheider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.