PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 June 2002       
	DOCKET NUMBER:   AR2002070457

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 during World War II he sustained injuries when he jumped out of the medic jeep when a German aircraft flew in low altitude firing 20mm shells at his convoy.  He contends that as a result of the strafing of the 20mm bullets, he was bruised and cut up by debris and shrapnel over his body, especially both of his legs.  He also contends that he received medical attention for his injuries and that he was recommended for award of the Purple Heart.  In support of his application, he submits a letter of explanation, dated 5 February 2002; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a Recommendation for Award of the Bronze Star, dated 20 April 1945; a letter, dated 20 May 2001, requesting award of the Bronze Star Medal; documentation pertaining to the 817th Tank-Destroyer Battalion; citation and orders for the Bronze Star Medal; a DD Form 215 (Correction to DD Form 214) issued on 27 July 2001; and newspaper articles pertaining to the applicant’s award of the Bronze Star Medal.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
6 January 1943.  He served as a surgical technician in the European Theater of Operations from 31 July 1944 through 16 December 1945 and was honorably discharged on 31 December 1945.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 shows the entry, “None.” 

6.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  

7.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned, the 817th Tank Destroyer Battalion, received occupation credit for Germany for the period from 2 May to 4 August 1945.

8.  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.
CONCLUSIONS:

1.  The Board noted the applicant’s contentions that he was injured when he jumped out of a jeep when a German aircraft flew in low altitude firing 20mm shells at his convoy, that he received medical attention for his injuries and that he was recommended for award of the Purple Heart.  However, the applicant has provided no evidence to support these contentions.

2.  There is no evidence of record which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.

3.  The applicant signed his discharge document on 31 December 1945 attesting to the fact that he was not entitled to the Purple Heart and was not wounded in action.  Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart in this case.  

4.  The applicant’s unit received occupation credit for Germany during the period 2 May 1945 to 4 August 1945.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp. 

5.  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 that the individual concerned was awarded the Army of Occupation Medal with Germany Clasp. 

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

BOARD VOTE:  

KAK____  MHM___  ALR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Karol A. Kennedy_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002070457	
SUFFIX		
RECON		
DATE BOARDED	20020618	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0067	
3.		
4.		
5.		
6.