PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                13 July 2000
	DOCKET NUMBER:       AR1999031638

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Purple Heart.

3.  The applicant states, in effect that his WD AGO Form 53-55 does not show the Purple Heart.  He also stated that he received a shrapnel wound to his left chest while stationed at Guadalcanal in June 1943.  He further states that he was not aware of the procedures for requesting the Purple Heart award.  He goes on to state that he had chest pains, went on sick call and the doctors removed the shrapnel from his chest.  He concludes by stating that his name was recorded on the Field Sick Call Book, which was apparently lost.  In support of his application he submits a copy WD AGO Form 53-55, copy of VA Form P-80a (Award of Disability Compensation or Pension), dated 1 February 1946 and a copy of WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement).  

4.  The applicant’s military records were destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted 5 February 1941.  He served in the Asiatic Pacific Theater of Operations from 24 March 1941 to 3 October 1945 and was honorably discharged on 5 November 1945.

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the Asiatic Pacific Theater Campaign Medal with three bronze service stars, the Good
Conduct Medal, the Combat Infantryman Badge, the American Theater Campaign Ribbon, the American Defense Service Ribbon and the Philippine Liberation Ribbon with one bronze service star.

6.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an 
authorized award.

7.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “None”.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication in the available records that show he was wounded as a result of hostile action.

8.  The applicant provided a copy of VA Form P-80a, dated 1 February 1946, which shows he was awarded 10 percent disability for malaria which occurred during World War II.

9.  The applicant provided a copy of WD AGO Form 38, dated 4 November 1945, which shows the entry “a/malaria, 27 Dec 42, Guadalcanal, 14 times, still bother, b/Ulcerated Colitis, 1943, New Caledonia, c/Popiloma colon, Apr 43, New Caledonia. C/Broken thumb, in fall, Feb 45, New Caledonia.”

10.  The available records contain several Form 52C (Field Medical Cards), which shows that he was diagnosed with malaria on several occasions.

11.  A DA 1577 (Authorization for Issuance of Awards), dated 16 April 1992, shows the National Personnel Records Center in St. Louis, Missouri, determined the applicant was entitled to the Bronze Star Medal based on award of the CIB, the American Defense Service Medal with Foreign Service Clasp, the World War II Victory Medal and the Honorable Lapel Button.

12.  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 Board noted the applicant’s contention that he received a shrapnel wound to his left chest in June 1943.  However, there is no evidence of record which shows the applicant was wounded as a result of hostile action.  It is also noted the applicant authenticated his discharge attesting to the fact he was not wounded and was not entitled to award of the Purple Heart.  In the absence of evidence of record showing he was wounded as a result of hostile action, he is not entitled to the award of the Purple Heart.

2.  Evidence of record shows that the applicant was diagnosed as having malaria on 4 November 1945 by competent medical authorities and was awarded 10 percent disability for malaria by the VA on 1 February 1946.  However, this condition is not a result of hostile action and does not qualify for award of the Purple Heart.  Therefore, he is not entitled to correction of his records to show award of the Purple Heart based on a diagnosis of malaria.

3.  The applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Defense Service Medal with Foreign Service Clasp, the World War II Victory Medal and the Honorable Lapel Button.  Therefore, he is entitled to correction of his records to show these awards.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’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 individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Defense Service Medal with Foreign Service Clasp, the World War II Victory Medal and the Honorable Lapel Button.

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

BOARD VOTE:  

JLP_____  MHM____  JEA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__JENNIFER L. PRATER_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031638	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451105	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  46		
3.		
4.		
5.		
6.