PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 November 2002                  
	DOCKET NUMBER:   AR2002069698

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante 		Member	
	Mr. Regan K. Smith		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 award of the Purple Heart.

3.  The applicant states, in effect, that he was wounded on or about 
16 December 1945 on the day that the Battle of the Bulge started.  He was sent to an aid station for treatment.  He was treated for four days before returning to the front lines.  He was informed that his records would be corrected; however they were not.  In support of his application, the applicant submitted a letter from a fellow Army buddy and a copy of orders awarding him Bronze Star Medal.

4.  The applicant’s reconstructed military record shows that he was inducted into the Army of the United States on 17 March 1943.  He arrived in the European-African-Middle Eastern Theater of Operations on 25 October 1944.  He was assigned to Company C, 310th Infantry Regiment of the 78th Infantry Division as a light truck driver.  The applicant departed the theater on 25 December 
1945.  On 13 January 1946, he was honorably discharged.

5.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation), item 33 (Decorations and Citations) shows as authorized awards the Bronze Star Medal, the Distinguished Unit Badge, the European-African-Middle Eastern Service Medal, the Good Conduct Medal, the World War II Victory Medal, and the American Service Medal.  

6.  The WD AGO Form 53-55 does not show the Purple Heart as an authorized award and shows the entry "NONE" in item 34 (Wounds Received in Action).  

7.  The applicant provided a copy of Headquarters, 78th Infantry Division
General Orders Number 186, dated 17 May 1945, which awarded him the Bronze Star Medal.  The citation in the General Orders stated that the applicant was wounded and that he refused to be evacuated until he was certain that the needs of his unit were fulfilled. 

8.  The applicant's WD AGO 53-55 shows the European-African-Middle Eastern Service Medal as an authorized award.  His WD AGO Form 53-55 shows that the applicant participated in three campaigns during his assignment in the European-African-Middle Eastern Theater of Operations.  

9.  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.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or on the WD AGO Form 53-55.  The regulation further states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The Board noted the citation in the 78th Infantry Division General Orders Number 186 which stated the applicant was wounded in action.  The Board determined this evidence was sufficient for award of the Purple Heart.  Therefore, he is entitled to correction of his records to show the award of the Purple Heart.

2.  The Board noted that the applicant's WD AGO Form 53-55 shows that he participated in three campaigns during World War II.  Therefore, he is entitled to award of three bronze service stars to be worn on his European-African-Middle Eastern Service Medal.

3.  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:

	a.  by showing the individual concerned was awarded the Purple Heart for wounds sustained on 16 December 1946 in the European Theater of Operations; and 

	b.  by showing he was entitled to three bronze service stars to be worn on his European-African-Middle Eastern Service Medal.

BOARD VOTE:  

___AAO_  __JPI____  ___RKS    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

___        _  __      ___  __      ___  DENY APPLICATION

		__Arthur A. Omartian
		        CHAIRPERSON

INDEX

CASE ID	AR2002069698	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/14	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.