PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           06 AUGUST 2002                  
	DOCKET NUMBER:   AR2002070454

	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. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman, Jr.		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, in effect, that his record be corrected to reflect award of the Purple Heart.  He states that he was hospitalized for a "broken leg & cold injury to [his]."  He also notes that he was awarded the Purple Heart while hospitalized.  In support of his request he submits a copy of his World War II separation document.

3.  The applicant's military personnel records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including information contain on the separation document provided by the applicant.

4.  The applicant entered active duty on 21 January 1944 and arrived in the European-African-Middle Eastern Theater of Operations in October 1944.  According to information contained in files maintained by the Office of The Surgeon General, commonly referred to as SGO File, the applicant was hospitalized on 25 January 1945 with a sprained ankle.  The applicant's injury was recorded as a "battle injury."  The injury is also recorded in item 24 (wounds received in action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).  In addition to his ankle injury, the applicant was also hospitalized for an intestinal infection and membrane inflammation.  Beyond the information contained in the SGO File, there were no other medical records available to the Board, or provided by the applicant.

5.  As a result of the applicant's medical conditions he apparently remained in a medical status, returned to the United States in May 1945 and was discharged under a certificate of disability for discharge on 6 October 1945.  His separation document does not reflect award of the Purple Heart.

6.  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.

7.  Army Regulation 600-8-22 also provides that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946.

CONCLUSIONS:

1.  The evidence confirms that the applicant sustained an injury to his ankle as a result of hostile action on 25 January 1945 and as such should be awarded the Purple Heart and his records corrected accordingly.

2.  The Board notes that the applicant is also entitled to the World War II Victory Medal based on his service during World War II and that decoration should be added to his records.

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 awarding the individual concerned the Purple Heart for an injury sustained on 25 January 1945; and

b.  by showing that he is entitled to the World War II Victory Medal.

BOARD VOTE:  

__LLS __  ___PM___  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2002070454	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020806	
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.