PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 July 2002
	DOCKET NUMBER:   AR2002070590

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		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 her husband, a deceased former service member (FSM), be awarded the Purple Heart (PH) and all other awards and decorations to which he is entitled. 

3.  The applicant states, in effect, that the FSM’s separation document 
(WD AGO 53-55) does not list the PH as an authorized award.  However, it contains an entry that shows that he was wounded in action on 20 May 1943, in the African Theater.  In support of her application, she submits a copy of the FSM’s separation document (WD AGO Form 53-55), a certificate of death, and a marriage license.

4.  The FSM’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of his WD AGO Form 53-55.

5.  The FSM’s WD AGO Form 53-55 shows he entered the Army on 
30 December 1940, and that he continuously served on active duty until being honorably separated on 8 February 1945.  It also shows that he was trained and served in the military occupational specialty 014 (Auto Mechanic) and that he held the rank of staff sergeant on the date of his separation.

6.  The FSM’s WD AGO Form 53-55 also confirms that he served overseas from 7 August 1942 to 2 November 1944, and participated in the following four campaigns:  Algeria-French Morocco; Tunisia; Sicily; and Normandy.  This document also shows that during his active duty tenure, he was awarded the European-African-Middle Eastern Campaign Medal with 4 bronze service stars, the American Defense Service Medal, and the Good Conduct Medal.  However, while the PH is not listed as an authorized award, Item 34 (Wounds Received In Action) does confirm that the FSM was wounded in action in the African Theater on 20 May 1943.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record. 

8.  Paragraph 5-11 contains guidance on awarding the World War II Victory Medal (WWII Victory Medal).  It states, in pertinent part, that it is awarded to members who served on active duty between 7 December 1941 and 
31 December 1946.  

9.  Paragraph 5-14 of the awards regulation contains guidance on awarding the American Campaign Medal (ACM).  It states, in pertinent part, that it is awarded for qualifying service in the American Theater, within the continental United States for an aggregate period of one year, between 7 December 1941 and 2 March 1946.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the FSM should be awarded the PH, and it finds this claim has merit.  Normally, in order to award the PH there must be evidence to show that a soldier was wounded in action, it required medical treatment, and it was made a matter of official record.  However, in this case, the Board finds the entry in Item 34 (Wounds Received in Action) of the FSM’s WD AGO Form 53-55 provides sufficient proof establishing that he was wounded in action on 20 May 1943, while serving in the African Theater.  Thus, the Board concludes it would be appropriate to award the FSM the PH at this time. 

2.  The evidence of record also confirms that the FSM served on active duty during a period that entitled him to the World War II Victory Medal and the American Campaign Medal.  Therefore, the Board finds that it would also be appropriate to add these awards to his record at this time.

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 by awarding the individual concerned the Purple Heart, for being wounded in action, while serving in the African Theater on 20 May 1943; by showing that he earned the World War II Victory Medal and American Campaign Medal; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:  

__FNE__  __MHM__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070590	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/16	
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.	107.0015	
2.		
3.		
4.		
5.		
6.