PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 June 2000                  
	DOCKET NUMBER:   AR1999030494

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Stueve		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, as the widow of a deceased former service member (FSM), that her husband’s military records be corrected to show award of the Purple Heart. 

3.  The applicant states, in effect, that the FSM was wounded on 17 November 1944 in the “Battle of the Bulge” during World War II.  She contends that the FSM was awarded the Purple Heart but never received the medal.  In support of her application, she submits a letter of explanation dated 29 July 1999; a newspaper article which indicates that the FSM was awarded the Purple Heart for wounds received in action on 17 November 1944; the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation); the FSM’s Death Certificate; and their Marriage Certificate. 

4.  The FSM’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM was inducted on 
18 July 1941.  He served as a heavy truck driver in the European Theater of Operations from 19 September 1943 through 10 September 1945 and was honorably discharged on 27 September 1945.

5.  The FSM’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

6.  There is no evidence in the available records that shows the FSM was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
34 (Wounds Received in Action) of the FSM’s WD AGO Form 53-55 states “None”. 

7.  Item 11 (List all significant diseases, wounds, and injuries) of the FSM’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 26 September 1945, shows no entry regarding wounds or injuries.

8.  DA Form 1577 (Authorization for Issuance of Awards), dated 26 November 1997, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the FSM was entitled to the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Presidential Unit Emblem, the Meritorious Unit Emblem, the American Campaign Medal, the World War II Victory Medal, and the Army Occupation Medal with Germany Clasp.  These awards are not shown on the FSM’s discharge document. 

9.  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, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  There is no evidence of record available to the Board which shows the FSM was injured or wounded as a result of hostile action during World War II.

2.  The FSM signed his discharge document attesting to the fact he was not entitled to the Purple Heart.

3.  The Board noted the newspaper article provided by the applicant which indicates that the FSM was awarded the Purple Heart for wounds received in action on 17 November 1944.  However, this newspaper article is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the FSM was not wounded.  Therefore, the FSM is not entitled to correction of his military records to show award of the Purple Heart.  

4.  The FSM was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Presidential Unit Emblem, the Meritorious Unit Emblem, the American Campaign Medal, the World War II Victory Medal, and the Army Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his military records to show these awards.   

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM’s records, 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 the FSM was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Presidential Unit Emblem, the Meritorious Unit Emblem, the American Campaign Medal, the World War II Victory Medal, and the Army Occupation Medal with Germany Clasp.

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

BOARD VOTE:  

MKP____  ESC____  JPS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR1999030494	
SUFFIX		
RECON		
DATE BOARDED	20000607	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450927	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government 1-1 (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0031	
4.	107.0034	
5.	107.0063	
6.	107.0066