PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            27 April 2000                  
	DOCKET NUMBER:   AR1999029633

	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.  

	Ms. Antoinette Farley .		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan 		Member	
	Mr. Kenneth L. Wright		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, in essence, that corrections be made to his records to show an award of the Purple Heart.

3.  The applicant states that Item 33 (Decorations and Citations), WD AGO FORM 53-
55 (Enlisted Record and Report of Separation Honorable Discharge) should show the Purple Heart for being wounded while in the Battle of Casino in Italy.  He also is requesting to be seen by the Veterans Administration Hospital for a physical and he would be able to furnish evidence of an injury.

4.  The applicant’s military records show that he was inducted into the United States Army during World War II on 3 March 1943.  He completed all of his military training and was awarded military specialty 348 (Parts Clerk Automotive).

5.  On 25 July 1943, he entered into the replacement system and arrived in Europe on 24 August 1943.  His unit was initially assigned to duty in North Africa and transferred to Italy on 20 October 1943.  The unit was given credit for participation in four campaigns in the European-African-Middle Eastern Theater of Operations.  His unit was redeployed for duty in the Philippines on 5 June 1945 and was sent to Japan on 7 October 1945.  

6.  On 11 November 1945, he was returned to the United States for demobilization.  In item 11 of his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release From Active Duty or Retirement) which called for a listing on all significant disease, wounds, and injuries incurred during his active service time, the only entry recorded was for hospitalization during March 1944, to be treated for pneumonia.  On 13 December 1945, the applicant was honorably discharged with the rank of technician four.  

7.  His WD AGO Form 53-55 shows credit for four campaigns during World War II: Naples Foggia, Rome Arno, North Appennines and Po Valley.  In item 33 of his WD AGO Form 53-55 (Decorations and Citations) he was shown as being entitled to the award of the Good Conduct Medal, the World War II Victory Medal, The Asiatic-Pacific Campaign Medal, the Philippine Liberation Medal and the European-African-Middle Eastern (EAME) Campaign Medal with 4 bronze service stars.  In item 34 (Wounds Received in Action) on the form the entry is “NONE”.  The applicant signed the WD AGO Form 53-55 in item 56 (Signature of Person Being Separated).

8.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  

9.  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.
10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal (AOM) is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany, service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.--Qualifying service for the Berlin clasp is from 9 May 1945 and 2 October 1990.-- Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

CONCLUSIONS:

1.  A review of the applicant’s military records fails to substantiate that he was wounded in combat operations during World War II which would qualify him for award of the Purple Heart.

2.  These records only make reference to his being treated for pneumonia during World War II.  He attested to this by his signature on his WD AGO Form 53-55 at the time of his separation.

3.  However, the applicant is entitled to the award of the Army of Occupation Medal for service in Japan for more than 30 days.  These medal was not recorded on his separation document issued on 13 December 1945.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that he is entitled to the award of the Army of Occupation Medal, with Japan clasp.

2.  That a DD Form 215 (Correction to DD Form 214) or in this case WD AGO 53-55, be issued to show this award.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__eb____  __tap___  __klw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Elizabeth Buchanon___
		        CHAIRPERSON

INDEX

CASE ID	AR1999029633	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/12/13	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization COG	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A107.15	
2.	A107.0094	
3.	A107.0063	
4.	the Republic of Vietnam Gallantry Cross with Palm Unit Citation	
5.		
6.