PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 July 2002
	DOCKET NUMBER:   AR2002071712

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Roger W. Able		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 that he was in the vicinity of the Rhine River in Germany during World War II when he was injured.  He states that he was with a reconnaissance battalion and rounded a corner where a bridge was supposed to be, but it had been blown up.  The applicant states that a fire ensued and the ammunition exploded causing the tank to flip over hitting him in the chest.  He further explains that he was taken to a Field Hospital that night, to the 104th General Hospital in Paris, France, the next day, and eventually was evacuated to the United States.  The applicant contends that he was wounded in combat and deserves the Purple Heart.

4.  The applicant’s military records were lost or destroyed in the fire at the National Personnel Records Center in 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted on 19 March 1944.  His WD AGO Form 53-55 (Record of Service and Honorable Discharge) shows that he served in the European-African-Middle Eastern Theater of Operations from 10 January 1945 to approximately 16 June 1945.  The applicant was honorably discharged on 8 November 1945.

5.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award in item 33 (Decorations and Citations).  Item 34 (Wounds Received in Action) shows the entry, “None.”

6.  Hospital records of the Office of The Surgeon General of the Army show that the applicant was admitted to a military hospital with injuries to the abdomen, abdominal wall and pelvis which were classified as “battle” injuries..  This report shows that the applicant was injured while a passenger in a tank.

7.  The Board also noted that the applicant was entitled to the Good Conduct Medal, the American Campaign Medal and the World War II Victory medal which are not shown on his discharge document.

8.  Records available to the Board do not show any indiscipline by the applicant.  His WD AGO Form 53-55 does not show any time lost under the Articles of War.

9.  The applicant’s WD AGO 53-55 shows that he served one year and five days of “Continental Service.”

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound 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, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  There are no orders which show that the applicant was awarded the Purple Heart.  However, a hospital admission report shows that the applicant was classified as a battle casualty upon admission to a military hospital during World War II.  The Board has determined that this evidence is sufficient as basis for award of the Purple Heart.  Therefore, the applicant is entitled to correction of his records to show award of the Purple Heart for wounds sustained in Germany approximately April 1945.

2.  Based on the applicant’s good service during the period 19 March 1944 through 8 November 1945, the Board determined that he is entitled to the first award of the Good Conduct Medal.  Further, award of the Good Conduct Medal in this case is based on the exception authorizing award of the Good Conduct Medal for service of more than one year but less than three years, occurring between 7 December 1941 and 2 March 1946.

3.  Based on the applicant’s “Continental Service” of more than one year, the applicant is entitled to award of the American Campaign Ribbon and correction of his records to show this service ribbon.

4.  Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

5.  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 showing the individual concerned was awarded the Purple Heart for wounds sustained on or about April 1945 in Germany, the Good Conduct Medal for the period 19 March 1944 through 8 November 1945, the American Campaign Ribbon and the World War II Victory Medal.

BOARD VOTE:  

__JHL__  __JBR___  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ms. Joann H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2002071712	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020709	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.