RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 November 2003                   
	DOCKET NUMBER:   AR2003088399

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert L. Duecaster		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected to show award of the Purple Heart (PH).

2.  The applicant states that he was wounded during World War II and awarded the PH, but his WD AGO Form 53-55 does not show the award.

3.  The applicant provides in support of his request a copy of his WD AGO Form 53-55, his honorable discharge certificate, and a copy of his award of disability compensation or pension from the Department of Veterans Affairs (VA).

CONSIDERATION OF EVIDENCE: 

1.  The applicant's application is dated 9 October 2002 and he is requesting correction of his WD AGO Form 53-55 issued on 20 October 1945.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein is limited to those documents that the applicant provided and a Hospital Admissions Card created by the Department of the Army, Office of the Surgeon General, for the year 1945.

4.  The evidence available shows the applicant was inducted into the Army of the United States on 12 October 1942 and he entered active service on 26 October 1942.  He was trained in military occupational specialty (MOS) 345 (Light Truck Driver).  The last unit that he was known to have served with is the Service Company, 43rd Tank Battalion, 12th Armored Division.  He was separated with an Honorable Discharge on 20 October 1945.  His WD AGO Form 53-55 shows that he completed 3 years and 9 days of creditable service, of which 9 months and 3 days was Foreign Service.  It also shows he was awarded the Good Conduct Medal (GCMDL), the European-African-Middle Eastern Service Medal, and the Army Lapel Button.  Item 34 (Wounds) is annotated to show "None."  

5.  The historical files of the 43rd Tank Battalion, 12th Armored Division were thoroughly reviewed at the National Archives, College Park, Maryland and the records failed to show the applicant's entitlement to award of the PH.  

6.  However, the Hospital Admissions Card, created by the Office of the Surgeon General, shows that, on 30 March 1945, the applicant was a battle casualty, due to a wound to his leg.  The wound was not self-inflicted and the causative agent was "artillery shell, fragments, afoot or unspecified."  He was evacuated and treated at a convalescent hospital.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the GCMDL, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

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

DISCUSSION AND CONCLUSIONS:

1.  The evidence available supports that the applicant was wounded as a result of hostile action, and that he received treatment for his wound and his treatment was made a matter of record.  The applicant's record should, therefore, be corrected to show award of the PH for the wound he received on 30 March 1945. 

2.  Based on the evidence available the applicant's WD AGO Form 53-55 should be corrected to show award of the PH and the WWII Victory Medal.

BOARD VOTE:

__jhl___  __lds___  __rld___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the PH and the World War II Victory Medal.  

			Joann Langston
		______________________
		        CHAIRPERSON

		

INDEX

CASE ID	AR2003088399	
SUFFIX		
RECON		
DATE BOARDED	20031120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0059	
3.		
4.		
5.		
6.