PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 August 2002     
	DOCKET NUMBER:   AR2002069815

	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. Victoria A. Donaldson 		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. 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 is eligible for award of the Purple Heart.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant entered Active Duty on 22 July 1942.  He served in the European Theater of Operations from 
22 September 1944 to 28 July 1945.  The applicant was honorably separated on 
8 September 1945.

5.  The applicant's WD AGO Form 53-55 (Honorable Discharge and Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show award of the Purple Heart in item 33 (Decorations and Citations).  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "None."

6.  The applicant provided a copy of his WD AGO Form 38 (Record of Medical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement).  This medical document is dated 7 September 1945.  In item 
11 (List all significant diseases, wounds, and injuries. State circumstances under which wounds or injury incurred.), the applicant provided the information as a basis for the following entries: "Wounded in left eye, causes unknown, Germany, April 1945 and Bullet wound left side, Germany, May 1945."

7.  Information from the hospital admission cards of the Office of the Surgeon General of the Army shows that the applicant was admitted on 11 April 1945 to an Evacuation Hospital for bruises to the face and cheek.  Records show his wound was classified as a "Non-battle injury" and the causative agent of the injury is shown as "None or Unknown."

8.  The hospital admission cards of the Office of the Surgeon General of the Army also show the applicant was admitted to a General Hospital on 19 April 1945 for lacerations of the torso.  His wounds were classified as a "Non-battle injury" with the causative agent of the injury shown as explosion of ammunition.

9.  The Board noted that the applicant was eligible for award of the American Campaign Medal, the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal that are not shown on his discharge document.

10.  Army Regulation 600-8-22 (Military Awards) provides 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, and the medical treatment must have been made a matter of official record.
11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany, qualifying service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

13.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, credit for occupation duty during World War II.  This document shows the unit to which the applicant was assigned, 772d Tank Destroyer Battalion, 3d U.S. Army, received occupation credit for Germany for the period from 2 May 1945 to 4 July 1945 and on 15 August 1945.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  The Board considered the applicant's contentions that he should be awarded the Purple Heart for wounds that he received in combat in Germany.  

2.  The Board reviewed the applicant's medical records that indicated he sustained a bullet wound to his left side and also sustained an injury to his face.  However, medical records show that both injuries were classified as "non-battle" injuries.  Further, there is no medical evidence that supports the entry on the applicant's separation medical examination for a bullet wound to his left side in May 1945.

3.  In the absence of evidence that the applicant was wounded or treated for wounds as a result of hostile action the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.
4.  The applicant completed over two years of "Continental Service."  Therefore, he is entitled to award of the American Campaign Medal and correction of his records to show this award. 

5.  Evidence of record shows the 772d Tank Destroyer Battalion received occupation service credit for Germany while the applicant was assigned as a member of that unit.  Therefore, the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

6.  Based on his military service during World War II, the applicant is entitled to award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.  

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the American Campaign Medal, the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069815	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	Mr. Schneider	
2.		
3.		
4.		
5.		
6.