PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 May 2000                   
	DOCKET NUMBER:   AR1999030535

	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.  

	Mrs. Joyce A. Hughes.		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		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 that he be awarded Purple Heart (PH).

3.  The applicant states in effect, that during WW II he received wounds to his left eye, his eye was eventually removed in 1976.  He further states that he deserves the award, because his injury was in the line of duty.

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

5.  On 10 February 1943, the applicant enlisted in the Army of the United States.
He completed his required training and was awarded Military Occupational 
Specialty #356, (Labor Foreman). 

6.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows that he was assigned to various locations in the European African Middle Eastern Theater from February 1943 to August 1945.

7.  A copy of WD AGO Form 5 (Daily Sick Report) shows that the applicant was treated for an injury on 13 August 1944, and returned to duty.  His injury was listed as being in the line of duty.  There is no other medical information available.

8.  On 26 October 1945, the applicant was honorably discharged.  He completed 2 years, 8 months and 13 days of creditable active service.  His separation document shows that he was awarded the European-African-Middle Eastern Service Medal, (currently known as the European-African-Middle Eastern Campaign Medal).  DA Form 1577 (Authorization for Issuance of Awards) dated 
3 June 1992 awarded the applicant the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal w/4 bronze service stars and the WWII Victory Medal.

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.

CONCLUSIONS:

1.  The evidence available to the Board showed that the applicant was treated for an injury.  His WD AGO Form 53-55 indicated that there were no wounds received in action.  There is no evidence to show the injury was a result of enemy action; therefore, he is not entitled to award of the Purple Heart.  However if the applicant can provide evidence that his eye injury was caused from hostile action he can apply for reconsideration.

2.  The evidence of record shows that the applicant was entitled to and was awarded the Good Conduct Medal, the WWII Victory Medal and the European-African-Middle Eastern Campaign Medal w/4 bronze service stars.

3.  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 amending the applicant’s WD AGO 53-55 to show that he was awarded the Good Conduct Medal, the WWII Victory Medal and add w/4 bronze service stars to the European-African-Middle Eastern Campaign Medal.

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

BOARD VOTE:  

__eja___  __ewl___  __klw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Elzey J. Arledge, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030535	
SUFFIX		
RECON		
DATE BOARDED	20000525	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.