PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           26 September 2002                   
	DOCKET NUMBER:   AR2002074302

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Karen Y. Fletcher		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, on behalf of her late husband, the former service member (FSM), that he be awarded the Purple Heart.

3.  The applicant states that she is requesting the FSM be awarded the Purple Heart posthumously for wounds received during World War II.  In support of her request, she provides a copy of the FSM’s WD AGO Form 53-55, Enlisted Record and Report of Separation, a copy of her Marriage Certificate and a copy of the FSM’s Death Certificate.

4.  The FSM’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents provided by the applicant and from document obtained from official sources.

5.  The FSM’s WD AGO Form 53-55 shows that he was inducted on 26 May 1943, and was trained as a truck driver.  He served in the European Theater of Operations with Company B, 159th Engineer Battalion (Combat), from 27 June 1944 to 28 August 1945.  He was honorably discharged at demobilization on 7 November 1945, in the rank of private.  He died on 30 January 2001.

6.  His WD AGO Form 53-55 reflects the following awards: the Good Conduct Medal, the World War II Victory Medal, the American Theater Ribbon, the European-African-Middle Eastern Theater Ribbon with 5 bronze service stars and the Marksman Marksmanship Qualification Badge with rifle bar.  On 26 July 2001, at his family’s request, the National Personnel Records Center issued all of the foregoing awards as well as the Army of Occupation Medal with Germany clasp and the World War II Honorable Service Lapel Button.

7.  Information obtained from hospital admission cards created by The Office of the Surgeon General for the year 1944, shows that the FSM was admitted to a medical treatment facility on 8 August 1944, as a battle casualty, suffering from wounds to the cranium, face and neck resulting from action with the enemy.

8.  Army Regulation 600-8-22, Military Awards, 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  The same regulation provides that service stars are worn on campaign and service ribbons to denote an additional award.  A silver star is worn instead of five bronze service stars.

10.  Department of the Army Pamphlet 672-1 Unit Citation and Campaign Participation Credit Register, shows that the FSM’s unit, Company B, 159th Engineer Battalion (Combat), was awarded the Army of Occupation Medal with Germany clasp for the period 27 June 1944 to 28 August 1945.

CONCLUSIONS:

1.  Medical evidence shows that the FSM was treated for a combat related wound on 8 August 1944, and is therefore, entitled to the Purple Heart for that wound.

2.  The FSM is also entitled to all of the awards issued to his next of kin on 26 July 2001 by the National Personnel Records Center.  Accordingly, it would be appropriate to list all of his awards: the Good Conduct Medal, the World War II Victory Medal, the American Theater Ribbon, the European-African-Middle Eastern Theater Ribbon with 1 silver service star (in lieu of 5 bronze service stars), the Marksman Marksmanship Qualification Badge with rifle bar, the Army of Occupation Medal with Germany clasp and the World War II Honorable Service Lapel Button, on an amendment to his separation 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 by:

a.  showing that the individual concerned was awarded the Purple Heart for wounds incurred on 8 August 1944; and  

b.  amending his WD AGO Form 53-55 to show that he was also awarded the Good Conduct Medal, the World War II Victory Medal, the American Theater Ribbon, the European-African-Middle Eastern Theater Ribbon with 1 silver 

service star, the Marksman Marksmanship Qualification Badge with rifle bar, the Army of Occupation Medal with Germany clasp and the World War II Honorable Service Lapel Button.

BOARD VOTE:  

___rjw___  ___kyf___  ____rvo_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002071621	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020926	
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		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.