PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            5 April 2000
	DOCKET NUMBER:   AR1999034838

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		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, on behalf of the former service member (FSM), a posthumous award of the Purple Heart (PH).

3.  The applicant states, in effect, that the FSM was wounded in action; however, the PH was never awarded.  The applicant has provided a copy of the FSM’s War Department Form War Department (WD) Adjutant General Office (AGO) Form 53-55 (Honorable Discharge) in support of the application.

4.  The FSM’s service records were not available for review by this Board.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed the FSM’s records were lost in that fire.  

5.  The applicant provided a copy of the FSM’s WD AGO Form 53-55 
(Honorable Discharge).  This document shows that the FSM was inducted into the Army of the United States on 30 November 1942, and that he arrived in the European Theater of Operations (ETO) in October 1943.  Block 32 (Battles and Campaigns) shows that he participated in the Northern France; Central Europe; and Normandy battles and campaigns of World War II.

6.  On 13 October 1945, the FSM was honorably discharged, in the rank of private first class, after completing 1 year, 9 months, and 12 days of service in the ETO, and a total of 2 years, 10 months, and 14 days of active military service.  

7.  The PH was not included in block 33 (Decorations and Citations) of the FSM’s WD AGO Form 53-55.  However, block 34 (Wounds Received in Action) does include an entry which verifies that the FSM was wounded in action, in Germany, on 10 April 1945.  Block 57 of this form contained the signature of a Personnel Officer who authenticated the entries contained on the form and make them a matter of official record. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 (Purple Heart) indicates that the PH is awarded to any member of an Armed Force of the United States who has been wounded in any action against an enemy of the United States.

9.  Paragraph 2-8 b (2) states that a wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above.  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.  The Board determined that the entry in block 34 of the FSM’s WD AGO Form 53-55 is sufficient evidence to verify that the FSM was in fact wounded in action. Therefore, the Board concluded, in the interest of justice, equity, and compassion, that it would be appropriate to grant the relief requested.  

2.  There were limited service records available to the Board during this review and there was no way to verify if the FSM had been treated by a medical officer or that any medical treatment had been made a matter of official record.  However, given the fact that the FSM’s wound was made a matter of official record, with the entry in block 34 of the WD AGO 53-55, the Board was satisfied that the burden of proof had been met in this case. 

3.  In view of the foregoing, the FSM’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 showing the individual concerned (FSM) was awarded the PH for being wounded in action, in Germany, on 10 April 1945.

BOARD VOTE:  

__sk____  ___rvo __  ____le __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR1999034838	
SUFFIX		
RECON		
DATE BOARDED	2000/04/05	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/10/13	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.