PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:            8 January 2002                  
	DOCKET NUMBER:   AR2001060812

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Terry L. Placek		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 that he be awarded the Purple Heart.

3.  The applicant states that he just found out it was possible to correct his records.

4.  The applicant’s military records show that he served on active duty as a cavalry lieutenant from 9 January 1943 to 5 September 1945.  He served in the European Theater of Operations from 10 January 1944 to 21 January 1945.

5.  The Purple Heart is not shown as an authorized award on his WD AGO Form 53-98 (Report of Separation) and block 34 (Wounds) states “Deafness in right ear 26 Jul 44, Lacerated wound in right leg and left leg 21 Aug 44.”

5.  The available military medical records state that his right ear deafness was caused secondary to a concussion from enemy mortar fire in France.  The leg injuries were associated with a jeep accident.

6.  Army Regulation 600-8-22 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States.  The wound must have required medical treatment, and the medical treatment must have been made a matter of record.

CONCLUSIONS:

1.  There is sufficient evidence of record to show that the applicant suffered a concussion from an enemy mortar explosion while in combat with the enemy on 26 July 1944, in France.  He is entitled to an award of the Purple Heart.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was wounded in action against the enemy in France on 26 July 1944, and entitled to the award of the Purple Heart.

BOARD VOTE:  

_tlp_____  __lls___  _rwa____     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060812	
SUFFIX		
RECON		
DATE BOARDED	20020108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.