PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 March 2000
	DOCKET NUMBER:    AR1999030231

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 effect, that his last name and rank be corrected on his separation documents.  In addition, he requests that a Purple Heart (PH) be added to his military records.

3.  The applicant states, in effect, that his last name is incorrectly listed on his discharge documents and that the Army listed his rank as PVT instead of PFC.  He states that because of the mistake in his last name he was forced to go through life with an incorrect name.  He is now 78 and would like this matter corrected before he goes to meet his maker.  He goes on to indicate that in 
1944 a shell fell near his foxhole, which resulted in his bleeding from his rectum and his mouth.  He claims to have been taken to an aid station for treatment and then on to Luxembourg where he underwent surgery.  He claims he was finally air evacuated to England to recuperate.  At that time the Battle of the Bulge began and he was sent back into action and never received the PH for his wounds.  He has provided a copy of his birth certificate and certificate of baptism in support of his last name correction request.  In addition, the applicant has provided copies of his separation documents.  

4.  The applicant’s service record was not available to this Board for review.  In 1973, a fire destroyed approximately 18 million service members’ records at the National Personnel Records Center.  It is probable that the majority of the applicant’s military service records were lost in that fire.  

5.  The available evidence does include a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Honorable Discharge), a WD AGO 
Form 100 (Separation Qualification Record), and a WD Form 372A 
(Final Payment-Work Sheet).  

6.  A comparison of the applicant’s separation documents with his birth certificate and certificate of baptism reveal a difference in his last name.  The last name listed in his discharge documents contain a total of 8 characters, these 
8 characters correspond to the first three and last five characters contained in the last name listed for the applicant in his birth certificate and his certificate of baptism.  The last name listed in his birth certificate and certificate of baptism contains the three letters “q u e” in the 4th through 6th character positions, these characters were omitted from the last name contained on the applicant’s military records. 

7.  The applicant’s WD Form 53-55 shows that he was inducted into the Army of the United States on 14 September 1940.  It also reveals that he was assigned to the European Theater of Operations (ETO) from 27 December 1944 to 13 June 1945, that he participated in the Rhineland campaign, and that he was awarded the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.  
8.  His separation documents also indicate that at the time of his discharge he held the rank of PVT.  In addition, it verifies that the applicant had served a total of 4 years, 8 months, and 2 days of active duty and that he had accrued a total of 319 days of time lost during his enlistment.  There is no indication in these separation documents that the applicant had been awarded the PH.

9.  The WD AGO Form 100 does show that the applicant had attained the rank of PFC while on active duty; however, it is also clear that he was serving in the rank of PVT at the time of his separation.  It also indicates that he was awarded the Combat Infantryman Badge (CIB) and that he had served in combat for 
8 months.  Additionally, the final payment work sheet, prepared at Fort Dix, New Jersey during the applicant’s discharge processing, lists the applicant’s rank as PVT at the time of his discharge.

10.  On 13 December 1988, a Department of the Army Form 1577 (Authorization for Issuance of Awards) was prepared at the Army’s Reserve Personnel Command (ARPERSCOM).  This form awarded the applicant the Bronze Star Medal based on his having received the CIB during World War II.  However, the form also contained a statement which indicated that the applicant’s entitlement to the PH could not be verified.  

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 (Purple Heart) establishes that the PH is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded.  

12.  Paragraph 2-8b (2) states, in pertinent part, that a wound is defined as an injury to any part of the body from an outside force or agent sustained under one the circumstances outlined in this regulation which authorizes the award of the PH.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. 

CONCLUSIONS:

1.  After carefully examining the available evidence, the Board concluded that the applicant’s last name is incorrectly listed in his military records.  Although there is no evidence to suggest that the applicant objected to this at the time of his service, the Board concluded it would be appropriate to correct this error in his last name at this time.  
2.  While it appears that the applicant had held the rank of PFC while serving on active duty, it is also evident that he was serving in the rank of PVT at the time of his discharge.  Therefore, the Board concluded that there is no basis for changing the rank listed on the applicant’s separation documents.

3.  By regulation, any wound for which the award of the PH is being made must have required treatment by a medical officer and the records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  The Board found no such official record verification; thus, there is no basis to award the applicant the PH he requested.  

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by changing the last name of the individual concerned, by inserting the letters “q u e” in the 4th through 6th characters of the last name listed in his separation documents.  This would correct the last name contained in the military records of the individual concerned to correspond with the last name contained on his birth certificate and his certificate of baptism. 

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

BOARD VOTE:  

___ja ___  __tsk____  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James M. Alward_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999030231	
SUFFIX		
RECON		
DATE BOARDED	2000/03/22	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1946/04/04	
DISCHARGE AUTHORITY	AR 615-265	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1. 1021	100.0000	
2.		
3.		
4.		
5.		
6.