PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           07 MAY 2002
	DOCKET NUMBER:   AR2002069902

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. John T. Meixell		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.  He states that his discharge document does not reflect entitlement to the Purple Heart and he needs the document corrected in order to receive VA benefits.  In support of his request he submits a copy of a Western Union Telegram. 

3.  The applicant's military personnel file was partially destroyed during the 1973 fire at the National Personnel Records Center in St. Louis.  Documents that survived the fire, however, indicate the applicant entered active duty on 17 May 1943 and served in the European Theater of Operation.  

4.  According to an original copy of a Western Union Telegram, contained in the applicant's file, he was slightly wounded in action on 14 November 1944.  His injury is confirmed in a battle casualty report, also contained in his file.  

5.  The applicant was discharged as a result of demobilization on 11 February 1946.  His separation document does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."

6.  There is no indication the applicant was ever awarded the Purple Heart.  He was, however, authorized issuance of the decoration in 1993, by officials at the Army Reserve Personnel Center in St. Louis.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded in action on 14 November 1944 while in the European Theater of Operations.  As such, the Board concludes that it would appropriate, and in the interest of justice, to award the applicant the Purple Heart and correct his records accordingly.

2.  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 awarding the individual concerned the Purple Heart for wounds sustained on 14 November 1944 during World War II.

BOARD VOTE:  

__SAC__  __KWL__  __JTM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2002069902	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020507	
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.	107.00	
2.		
3.		
4.		
5.		
6.