PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:           18 February l999                  
	DOCKET NUMBER:   AR1999021977

	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	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. John P. Infante		Member	
	Mr. James P. Steuve		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, reconsideration of his request for award of the Purple Heart (PH) and that a service star be added to his European-African-Middle Eastern Service Medal (EAME Service Medal).

3.  The applicant states, in essence, that he thought he had to have a “bleeding” wound to receive the PH.  He also particpated in the “Alsace-Lorraine Battle” and would like another service star added to the four he already has.  He submits documentation he has gathered, to include statements from individual aware of his situation, through his United States Senator.  

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, to include documentation submitted by the applicant.  These documents show that he served as an Infantryman, in the Army of the United States, during World War II (WWII), from 11 November 1942 (date of induction, date of entry was 25 November 1942) to 14 December 1945, when he was honorably discharged with the rank of first sergeant.  He served overseas with the 313th Infantry Regiment from 16 April 1944 through 28 November 1945, when he was returned to the United States for discharge.  His awards and decorations included the Good Conduct Medal, the American Theater Medal, the EAME Service Medal and the World War II Victory Medal.  He was credited with participation in four campaigns by GO33WD45 (War Department General Order 33, issued in 1945), the Normandy, Northern France, Rhineland and Central Europe(an) campaigns.  

5.  While in the service he was treated on several occasions for “Hematuria” (blood in the urine).  He was diagnosed on at least two occasions, the first in January 1943, while undergoing treatment for a serious nasal infection (blood showed in his urine for a couple of days) , and from 3l October through 18 December 1944.  The diagnosis  at the time of his entry on 3l October 1944 was “Hematuria, LOD NO EPTI” (Hematuria, Line of Duty-No, Existed Prior to Induction.)  The final diagnosis in December 1944 was Prostatitis.

6.  The applicant claims that his treatment in 1944 was caused by his falling or being thrown into a fox hole as the result of an enemy mortar attack on his unit.   He submits a statement from his unit commander supporting this contention, as well as a statement from a “corporal in his unit” (Note:  the later statement is not with his records at this time). 

7.  At the time of his separation from active duty on 14 December 1945, item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) is marked “None”.  Further, his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), date unclear, states in item 11: “Blood in urine   36th General Hospital   Nov. 1943”, but no other entries to show wounds while in combat.  Note:  His records show that he was in the 36th General Hospital in November 1944 (actually 3l October through l8 December 1944) as noted earlier.  

8.  Following a number of reoccurrences of the problem with blood in his urine, he was diagnosed and rated by the Department of Veteran Affairs (DVA) as 10 percent disabled for Chronic Prostatitis with Pyuria and History of Hematuria.  The condition was noted to have existed prior to service (his medical examination prior to induction into the Army in November 1942 notes that he was denied entry into the Navy in 1940 for “albumin in his blood.”)  The condition was determined to have been aggravated by military service.  In November 1961 this rating was expanded (effective 28 October 1960) to show that his condition was actually Active Renal Tuberculosis (a 100 percent disability rating was awarded at the time) and that it had existed before and during his period of military service, as well as still being active in 1960/1961.  His claim for being thrown in a fox hole in 1944 was noted in the DVA rating documentation, but no substantiation was provided.  

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.

10.  Army regulations show that the applicant’s unit, the 3l3th Infantry Regiment was also credited with a 5th campaign, the Ardennes-Alsace campaign (16 December 1944-25 January 1945).  This would entitle the applicant to a silver service star, denoting the award of campaign credit for five campaigns, vice the four bronze service stars he currently holds.  Further, his unit earned a Distinguished Unit Citation (DUC) as authorized by WDGO54, 1945 and the French Fourragere (Department of the Army GO43, 1950).

11. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  

CONCLUSIONS:

1.  The information available to the Board indicates that, in view of his service with the 3l3th Infantry Regiment, the applicant is entitled to additional award of a 

fifth campaign credit (Ardennes-Alsace) for his EMEA Campaign Medal (denoted by a silver service star), the AOM (Germany), a DUC and the French Fourragere. 

2.  However, there is no evidence of record that he is entitled to award of the Purple Heart.

3.  His hospitalization on 31 October 1944 for blood in his urine appears to have been the result of a periodic medical problem he experienced during his military service.  It was diagnosed at the time as Prostatitis, later diagnosed as Active Renal Tuberculosis.  There is no indication at the time of his hospital admission on 3l October 1944 that he was wounded or injured as the result of enemy action.  

4.  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 showing that the individual concerned was awarded the EMEA Service Medal with one silver service star, the AOM (Germany), the DUC and the French Fourragere. 

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999021977	
SUFFIX		
RECON		
DATE BOARDED	19990218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	MODIFY	
REVIEW AUTHORITY	Director	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.