PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 September 2001
	DOCKET NUMBER:   AR2001060346

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		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 the Purple Heart (PH) be added to the record of her deceased husband, a former service member (FSM). 

3.  The applicant states, in effect, that it appears that the FSM is entitled to the PH, as evidenced by the supporting documents she provides in support of her application. 

4.  The FSM’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost in that fire.  

5.  The available records do include a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which was issued to the FSM on the date of his separation.  This document verifies that he entered active duty on 14 February 1942 and confirms that he served on active duty until being honorably discharged, in the rank of Technician Five (Tec 5), on 12 August 1945.

6.  The separation document also shows that he served in the European Theater of Operations (ETO) from 5 August 1942 to 24 July 1945, and that he participated in the Normandy, Central Europe, Rhineland, and Ardennes campaigns of World War II.  It also shows that earned the European-African-Middle Eastern Theater Medal with 4 bronze service stars and Good Conduct Medal during his active duty tenure.  Block 34 (Wounds Received in Action) of this form contains the entry “None”, which would indicate he was not wounded in action during this period of military service. 

7.  However, there is a properly constituted WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement) on file, which documents the results of a physical examination taken by the FSM on 11 August 1945, during his separation processing.  This form was authenticated by the proper medical authority, with a physician’s signature, which verifies the validity of the information contained therein. 

8.  Block 11 (List all significant diseases, wounds, and injuries.  State circumstances under which wounds or injuries were incurred) of the WD AGO Form 38 verifies that the FSM received a cerebral concussion combat wound, as a result of a shell blast in November 1944, and that he was treated for this wound by military medical personnel in a Belgium Aid Station.  Block 41 (In your opinion, was wound, injury, or disease incurred in the line of duty) makes reference to the wound entry in block 11 and contains a Yes response entry, which confirms that competent medical authority determined the FSM’s wound was incurred in the line of duty.
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

10.  Paragraph 5-11 of the awards regulation contains guidance on awarding the World War II Victory Medal.  It states, in pertinent part, that the World War II Victory Medal is awarded for service between 7 December 1941 and 
31 December 1946, both dates inclusive. 

CONCLUSIONS:

1.  The Board notes and finds merit in the contention of the applicant that the FSM is entitled to receive the PH.  By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

2.  In the opinion of the Board, the confirmation that the FSM was wounded in action in November 1944, as a result of a shell blast, in the line of duty contained in the WD AGO Form 38, dated 11 August 1945, more than sufficiently satisfies the regulatory burden of proof necessary for award of the PH.  Therefore, the Board concludes it would be appropriate to add the PH to the FSM’s records at this time. 

3.  In addition, the Board finds that the FSM’s military active duty service included a period that authorized him to receive the World War II Victory Medal and it concludes it would also be appropriate to add this award to his records at this time. 

4.  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 showing that the individual concerned (FSM) was awarded the PH as a result of being wounded in action in November 1944 while serving as a Tec 5 in the ETO during World War II and that he received the World War II Victory Medal based on a qualifying period of service. 

BOARD VOTE:  

___CLA__  __CLG__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  __Celia L. Adolphi    __
		        CHAIRPERSON

INDEX

CASE ID	AR2001060346	
SUFFIX		
RECON		
DATE BOARDED	2001/09/11	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/08/12	
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  46	107.0000	
3.		
4.		
5.		
6.