PROCEEDINGS

	IN THE CASE OF:       	

	BOARD DATE:           10 October 2001    
	DOCKET NUMBER:   AR2001059685

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. Joe R. Schroeder		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, correction of his records to show award of the Purple Heart.

3.  The applicant states, in effect, that he requests that his WD AGO Form 
53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected to show award of the Purple Heart.  He submits a copy of his WD AGO Form 53-55, a copy of his Honorable Discharge Certificate, a copy of his WD AGO Form 
38 (Report of Physical Examination of Enlisted Personnel prior to Discharge, Release from Active Duty or Retirement), and a copy of Form 52 and 52a (Medical Department) records. 

4.  The applicant’s military records show that, on 2 August 1940, he was inducted into the Army of the United States.  He served in military occupational specialty (MOS) 824 (Mess Sergeant).  He served in the Southwest Pacific Theater of Operations from 8-12 April 1942, he served in the South Pacific Theater of Operations from 20 April-8 January 1945 and he served in the Central Pacific Theater of Operations from 21 January 1945 until he returned to the United States on 28 June 1945.  His campaigns include Guadalcanal, the Northern Solomons, and the Southern Philippines.  He served with Headquarters Company, 1st Battalion, 164th Infantry.  

5.  The applicant's WD AGO Form 38 indicates that, on 4 July 1945, he had a separation physical examination that shows he received a fragmentation wound to the left knee in October 1942 and that he was treated at the US Naval Hospital, Wellington, New Zealand.  

6.  The applicant's Form 52 show that on 28 October 1942, he was admitted to the US Naval Hospital and that he was treated for a shrapnel wound to the left knee.  

7.  The applicant's Form 52a indicates that on 1 January 1943, he received a final diagnosis to determine his physical fitness following shrapnel wound to the left knee.  The wound was determined to have been incurred in battle and it had healed.

8.  On 6 July 1945, the applicant was honorably discharged.  His WD AGO Form 53-55, Item 31 (Military Qualification and Date), shows that he received the Combat Infantryman Badge.  Item 33 (Decorations and Citations) shows that he was authorized award of the Good Conduct Medal and the Presidential Unit Citation.  Item 55 (Remarks) shows that he was awarded the American Defense Service Medal, the Asiatic-Pacific Theater Service Medal and the Philippine Liberation Medal with bronze service star, the Overseas Service Bar with the Numeral "6," and the Lapel Button with the Numeral "4."  

9.  The WD AGO Form 53-55, Item 34 (Wounds Received in Action), shows that the applicant was wounded while serving in the South Pacific Theater on 26 October 1942.  However, none of the available documents indicate that he was ever awarded the Purple Heart for that wound.  

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:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  The applicant has provided medical evidence that shows he was treated for a shrapnel wound received while serving in a hostile environment.  It is reasonable for the Board to presume that the type of injury that he received was caused as a result of action against a hostile force.  Therefore, he is entitled to the award of the Purple Heart.

2.  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 by issuing to the individual concerned a DD Form 215 (Correction to the WD AGO Form 53-55) to show award of the Purple Heart.

BOARD VOTE:  

__LLS___  __CG___  __JRS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    _Luther L. Santiful__
		        CHAIRPERSON

INDEX

CASE ID	AR2001059685	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450706	
DISCHARGE AUTHORITY	AR615-365 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.