PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 October 2002
	DOCKET NUMBER:   AR2002074717

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 that his Report of Transfer or Discharge, DD Form 214, be corrected to show he was wounded in action and, in effect, that he be awarded the Purple Heart.

3.  The applicant states that his medical records show that he was wounded on 21 December 1944.  He provides Medical Evaluation Board (MEB) proceedings and a statement from his former driver as supporting evidence.

4.  The applicant’s military records show that, after having had prior enlisted service, he was commissioned and entered active duty on 20 January 1943.  He arrived in the European Theater of Operations on or about 24 March 1944.

5.  The applicant provides a statement dated 7 November 2001 from his former driver.  The driver said that on 21 December 1944, during the Battle of the Bulge, one of their officers got hurt so they took him for medical care.  During their return, they arrived in one village and the street was full of what they thought were American soldiers.  It was not until too late that they realized the soldiers were German.  He, the applicant, and another soldier were taken back in an alley, stood up, and shot.  They lay there until daylight and were picked up by the Germans when it was realized they were not dead.  He was shot in the side, the applicant in the shoulder, and he believes the other soldier did not live.

6.  In a Statement or Report of Interview of Recovered Personnel, WD AGO Form R5072, dated 23 August 1945, the applicant stated that after being captured, he, his driver, and another soldier were shot, each of them getting hurt. They were taken to a first aid station and then to a prisoner of war (POW) camp.

7.  The National Personnel Records Center confirmed that the applicant was a POW from 21 December 1944 to 17 May 1945.

8.  The applicant underwent medical board proceedings on 6 October 1949.  The Disposition of Board Proceedings for Officers, WD AGO Form 8-118, indicates that he was injured by a gunshot wound incurred in combat on 21 December 1944.

9.  The applicant underwent medical board proceedings in 1962 prior to his retirement.  Those documents also indicate he was wounded in action on          21 December 1944.

10.  The applicant retired on 1 February 1963.  His DD Form 214, item 26 does not show he was awarded the Purple Heart (or the World War II Victory Medal).  Item 27 does not show he was wounded in action.

11.  On 31 July 2002, the applicant's DD Form 214 was amended to add the POW Medal.  
12.  Army Regulation 600-8-22, version effective 28 March 1995, provides for the award of the Purple Heart for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of action against an enemy of the United States, in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged, or as a result of an act of any such enemy of opposing armed forces.  The wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  For those who became POWs after 25 April 1962, the Purple Heart will be awarded to individuals wounded while prisoners of foreign forces upon submission by the individuals of an affidavit that is supported by a statement from a witness, if this is possible.  The National Defense Authorization Act for Fiscal Year 1996 extended the criteria for the Purple Heart to former POWs that were held prior to 25 April 1962 and suffered wounds or injuries at the hands of their captors.  The regulation also provides for award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

CONCLUSIONS:

1.  The applicant's statement upon being liberated as a POW differs only in minor respects with the latter-day statement of his former driver.  They both agree in the essential detail - the applicant was wounded when he was shot by the Germans.  The applicant may not have been wounded during actual combat; however, there is sufficient evidence of record to show he was wounded as the result of an act by an enemy of the United States.  The National Defense Authorization Act for Fiscal Year 1996 authorizes award of the Purple Heart to former POWs who were held prior to 25 April 1962 and suffered wounds or injuries at the hands of their captors.  The question of whether or not a POW received treatment for such a wound should be moot; however, the evidence of record shows that the applicant was later treated for sequalae from that wound.  He met the eligibility criteria for award of the Purple Heart.  

2.  The applicant also met the eligibility criteria for award of the World War II Victory Medal.

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

RECOMMENDATION:

1.  That the applicant be awarded the Purple Heart for wounds received on       21 December 1944.

2.  That the applicant's DD Form 214 be amended to show he was wounded on 21 December 1944 and to add the Purple Heart and the World War II Victory Medal.

BOARD VOTE:  

__RJW__  __RWA__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___   Raymond J. Wagner     _
		           CHAIRPERSON

INDEX

CASE ID	AR2002074717	
SUFFIX		
RECON		
DATE BOARDED	2002/10/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	FULL RELIEF	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.