PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  29 July 1999                       
	DOCKET NUMBER:  AR1999015859

	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. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loudermon		Chairperson	
	Ms. Shirley L. Powell 		Member	
	Mr. Curtis L. Greenway		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 correction of his records to show award of the Purple Heart.

3.  The applicant states that he was never awarded the Purple Heart for wounds received in combat on 18 November 1944, in Leyte, Philippine Islands.  The applicant's son submits a letter written in his fathers behalf with13 documents to include copies of service medical, and Veterans Administration documents in support of the applicant's request.

4.  The applicant’s military records show he was inducted into the Army of the 
United States on 1 October 1942.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 
864 (Cannoneer).  He served in New Guinea and the Philippines Islands from 
13 May-5 December 1944.  He was honorably discharged on 4 November 1945.

5.  The applicant was awarded the American Theater Campaign Medal, the Asiatic-Pacific Campaign Medal (with two bronze service stars), the Good Conduct Medal, and the World War II Victory Medal.

6.  A company morning report, dated 18 November 1944, shows that the 
applicant was injured in action one mile west of Carigara Leyte, Philippine Islands.  Further, evidence of record indicates that the injury he received was a bullet wound to the left arm.

7.  A company morning report, dated 28 November 1944, shows that the 
applicant was transferred to the First Field Hospital, APO 72 and attached as unassigned on 18 November 1944.  He was returned to the United States on 
25 December 1944.

8.  A WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 8 November 1945, shows that the applicant was recommended to receive the Purple Heart, for a fracture received to the left forearm in November 1944.  No action appears to have been taken on the recommendation.

9.  On 22 January 1948, the Department of Veterans Affairs (DVA) granted the 
applicant a 10% disability rating for a fracture of the left ulna, received in combat during World War II.  

10.  However, the applicant’s WD AGO Form 53-55 (Enlisted Record of Separation Honorable Discharge) does not show the Purple Heart as an authorized award. 

11.  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.  Sustaining 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 which shows that the applicant was awarded the Purple Heart; however, official records show that the applicant was wounded as a result of hostile action on 18 November 1944, and he received medical treatment for his wound.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

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 showing that the individual concerned was awarded the Purple Heart.

BOARD VOTE:  

CLH_____  SLP____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999015859	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1990729	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451104	
DISCHARGE AUTHORITY	AR615-365  	
DISCHARGE REASON	For the Convenience of the Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	A92.03 	
2.		
3.		
4.		
5.		
6.