RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 November 2003
	DOCKET NUMBER:   AR2003091236

	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. Luis Almodova		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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded in action and he was never awarded the Purple Heart.  The applicant states that his enlisted record shows the date and place of the event.  He also notes that there is no listing of or record of his receiving the Purple Heart.  He concludes by stating that he is seeking health benefits.  He lost both thumbs in the wounding incident and wishes to be placed in the proper group.

3.  The applicant provides a copy of his Enlisted Record and a copy of his WD AGO Form 55, Army of the United States, Honorable Discharge, to support his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records.

2.  Available records show that the applicant was inducted into the Army of the United States on 25 February 1943 at Clarksburg, West Virginia, and served in the Army specialty of Cannoneer with the 933rd Field Artillery Battalion.

3.  Records available to the Board show that the applicant departed for North Africa on 21 August 1943 and arrived there on 2 September 1943.  He departed North Africa on 6 March 1944 and arrived in the United States on 18 March 1944.

4.  The applicant was honorably discharged at Valley Forge General Hospital, Phoenixville, Pennsylvania, in the rank of Private, and issued a certificate of disability under the provisions of Army Regulation (AR) 615-360, section II, on 5 October 1944.  The applicant had completed 1 year, 7 months, and 11 days active military service of which 6 months and 26 days were spent in North Africa and had an aggregate of 1 year and 14 days service in the Continental United States.  The applicant had no lost time.

5.  The applicant's enlisted record shows no award of the Purple Heart; however, there is an entry that indicates that he was, "Wounded in action near Mateur, Tunisia 23 October 1943."

6.  The applicant's enlisted record shows that he was awarded the European-African-Middle Eastern Campaign Ribbon [now known as the European-African-Middle Eastern Campaign Medal], and he was issued the World War II Lapel Button [[properly known as the Honorable Service Lapel Button and affectionately known by veterans of World War II as the "Ruptured Duck"].

7.  The applicant provided no orders awarding him the Purple Heart, and the Purple Heart is not shown on his enlisted record.

8.  AR 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:  (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record.

9.  AR 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 within the continental United States for an aggregate period of one year.

10.  AR 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  AR 600-65, paragraph 12, in effect at the time, provided that the Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in an enlisted status for a period of three years completed subsequent to 26 August 1940, except that an award may be made for the completion of a period of one continuous year between 7 December 1941 and 2 March 1946, both dated inclusive.  The regulation further stipulated that all character and efficiency ratings must have been recorded as excellent or higher and there must have been no convictions by court martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlisted record, prepared at the time of his discharge from the Army of the United States, fails to show that he was awarded the Purple Heart.  This record does show that the applicant was wounded in action near Mateur, Tunisia, on 23 October 1943.  He is therefore eligible for award of the Purple Heart.

2.  The applicant served on permanent assignment within the Continental United States for an aggregate period of over one year during the qualifying period.  He is therefore entitled to award of the American Campaign Medal and to have it added to his enlisted record.

3.  The applicant served in the Army of the United States honorably from 25 February 1943 until 5 October 1944.  He is therefore entitled to award of the World War II Victory Medal and to have it added to his separation document at this time.

4.  The applicant served honorably and faithfully throughout his period of induction and was awarded an honorable discharge.  The applicant was wounded in action and was discharged for a disability incurred in action in North Africa.  The applicant's character was characterized as, "Excellent" on his enlisted record.  There is no indication of any lost time or indiscipline in the available records; he is therefore entitled to award of the Good Conduct Medal for the period from 25 February 1943 through 5 October 1944.
	
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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart for wounds sustained in action near Mateur, Tunisia, on 23 October 1943; the Good Conduct Medal for the period 25 February 1943 through 5 October 1944; the World War II Victory Medal; and the American Campaign Medal.

		____Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003091236	
SUFFIX		
RECON		
DATE BOARDED	2003/11/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.