PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            4 May 2000        
	DOCKET NUMBER:   AR1999031989

	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. Deborah L. Brantley .		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Stueve		Member	
	Ms. Carol Jo Suiter		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 reconsideration of his 1996 application for award of the Purple Heart.  He submits an extract from his service medical records that were not available to the Board at the time of its original consideration as well as several witness statements attesting to the fact that the applicant sustained an injury as a result of hostile action on 9 April 1945.

3.  Incorporated herein by reference are military records, which were summarized in a memorandum, prepared to reflect the Board’s original consideration of his case on 29 April 1998.

4.  The Board originally concluded, based on available evidence, that his ankle injury on 9 April 1945 was a nonbattle injury (NBI).

5.  The applicant now provides a copy of the initial treatment record from the 36th Tank Battalion Aid Station, indicating he was “LWA” lightly wounded in action and that he was entitled “ET” to the Purple Heart.  Statements submitted in support of his request support his contention.

CONCLUSIONS:

1.  The evidence now confirms that he was lightly wounded in action “LWA” on 
9 April 1945 and as such is entitled to the Purple Heart.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for injuries sustained on 
9 April 1945.

BOARD VOTE:  

___lls__  ___jps__  ___cjs__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031989	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000504	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.