PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           01 AUGUST 2002                   
	DOCKET NUMBER:   AR2002071217

	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. 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.  He states he has been attempting to obtain the award "for at least 1 year" and to be able to prove that he received the award.  He notes, in effect, that while he recently received a statement confirming his military service, he has never received confirmation of his award of the Purple Heart.  He submitted no evidence in support of his application.

3.  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  However, in November 2001 a Certification of Military Service (NA Form 13038) was provided to the applicant that indicated he served on active duty between 14 September 1944 and 
31 October 1945.  The certificate was provided to the applicant in response to his request for a copy of his separation document, which he had misplaced. 

4.  Although records pertaining to the applicant's military service were not available, information contained in files maintained by the Office of The Surgeon General, commonly referred to as the SGO Files, did confirm that the applicant was admitted to the hospital on 6 April 1945 as a result of fracture he sustained as a result of hostile action.  He remained hospitalized until October 1945 when he was discharged as a result of his combat incurred injury.

5.  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 as a result of hostile action during World War II and as such is entitled to an award of the Purple Heart.

2.  The Board acknowledges that in the absence of a separation document (WD AGO Form 53-55) the applicant will only receive the Purple Heart Medal, certificate and confirmation orders.  However, in the event that a copy of his WD AGO Form 53-55 does become available the Board concludes it would be appropriate to add the award to that document.

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 the injury sustained to his leg as a result of hostile action during World War II; and

b.  in the event a copy of the applicant's World War II separation document becomes available in the future, that it be corrected to reflect award of the Purple Heart.

BOARD VOTE:  

__SAC__  ___MHM_  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071217	
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.	107.00	
2.		
3.		
4.		
5.		
6.