PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 November 2001                   
	DOCKET NUMBER:   AR2001061581

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 two Purple Hearts.

3.  The applicant states that his Report of Separation, WD AGO Form 53-55, shows that he was wounded in August 1944 and in January 1945.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

5.  The applicant was inducted into the Army on 27 January 1943 and entered active service on 3 February 1943.  His WD AGO Form 53-55, item 36 contains two entries for his departure from the continental United States and arrival in the European Theater of Operations (ETO).  The first entry – departing the United States on 7 October 1943 and arriving in the ETO on “9 October” -- appears to be incorrect.  Based upon the usual surface transportation arrangements, the second entry – departing the United States on 21 October 1943 and arriving in the ETO on 2 November 1943 -- is most likely the correct entry.

6.  The applicant’s WD AGO Form 53-55, item 34 shows that he was wounded  in action on 22 August 1944 in Northern France and on 3 January 1945 in Luxemburg.  Item 4 shows that his branch of service was infantry; item 30   shows his military occupational specialty as rifleman.   He departed the ETO on  9 May 1945, returned to the United States on 20 May 1945, and separated on   27 September 1945.  His WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Service Ribbon and the Combat Infantryman Badge.

7.  Three Office of the Surgeon General Hospital Admission Cards are available. The first card indicates the applicant was wounded in the forearm and thorax by a hand grenade fragment in August 1944.  The card indicates the injury was in line of duty but that it was a non-battle injury.  A second card indicates that he was wounded by an artillery shell fragment on 3 January 1945 and that it was a battle injury.  The third card indicates he was treated for a disease after he returned to the United States.  

8.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

CONCLUSIONS:

1.  The Board notes that the applicant’s WD AGO Form 53-55 shows that he was wounded in action twice; however, the available medical evidence shows that the injury incurred in August 1944 was a non-battle injury (i.e., non-hostile action).  In the absence of evidence to the contrary, the Board presumes that the entry on his WD AGO Form 53-55 is in error.

2.  The available medical evidence substantiates that the wounds received by the applicant on 3 January 1945 were received in battle.  It appears he met the criteria for award of the Purple Heart for this injury.

3.  The applicant is also entitled to award of the Bronze Star Medal based upon his award of the Combat Infantryman Badge.

4.  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 be corrected by awarding the Purple Heart to the applicant for wounds received on  3 January 1945 and by awarding him the Bronze Star Medal.

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

BOARD VOTE:  

__fne___  __bje___  __kyf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061581	
SUFFIX		
RECON		
DATE BOARDED	20011108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.