PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 February 2003   
	DOCKET NUMBER:   AR2002076007

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Robert J. Osborn		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 a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3.  The applicant states, in effect, that he was wounded during the Battle of the Bulge and he received the Purple Heart.  He also contends that he was wounded a second time when ammunition exploded while he was guarding an ammunition dump.  In support of his application, he submits a copy of his WD AGO Form 
53-55 (Enlisted Record and Report of Separation).     

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 
7 October 1940.  He served as a light truck driver in the European Theater of Operations from 27 May 1944 through 22 September 1945 and was honorably discharged on 15 October 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows entitlement to one award of the Purple Heart for wounds received in action on 17 January 1945 in the European Theater of Operations.  

6.  There is no evidence in the available records which shows that the applicant was wounded a second time as a result of hostile action during World War II.

7.  The available records contain a medical record, dated 9 July 1945, which states the applicant sustained multiple penetrating wounds to his thighs and legs. This medical record also states, “Accidentally incurred when ammo [ammunition] exploded which patient was guarding at 0555 hrs [hours] 9 July 1945 Phedershiem, Germany.”   

8.  The applicant's WD AGO Form 53-55 does not show the European-African-Middle Eastern Campaign Medal as an authorized award.  However, his discharge document shows that he served in the European Theater of Operations from 27 May 1944 through 22 September 1945 and participated in four battles and campaigns.

9.  The Board notes that the applicant is entitled to the American Campaign Medal.  This award is not shown on his discharge document.

10.  Army Regulation 600-8-22 (Military Awards) 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
11.  Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 
30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 
60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

CONCLUSIONS:

1.  The applicant’s discharge document shows entitlement to one award of the Purple Heart for wounds received in action on 17 January 1945 in the European Theater of Operations.

2.  The Board considered the applicant’s contention that he was wounded a second time when ammunition exploded while he was guarding an ammunition dump.  However, medical evidence of record shows the applicant was accidentally wounded on 9 July 1945 when ammunition exploded, not as the result of hostile action.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded a second time as a result of hostile action during World War II.  Therefore, the Board determined that there is insufficient evidence on which to base a second award of the Purple Heart in this case. 

4.  Evidence of record shows the applicant served in the European Theater of Operations from 27 May 1944 through 22 September 1945 and participated in four battles and campaigns.  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the European-African-Middle Eastern Campaign Medal with four bronze service stars.
5.  Based on the foregoing, the applicant is also entitled to award of the American Campaign Medal.  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show this medal.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 European-African-Middle Eastern Campaign Medal with four bronze service stars and the American Campaign Medal.

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

BOARD VOTE:  

RVO___  GJW____  RJO_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2002076007	
SUFFIX		
RECON		
DATE BOARDED	20030213	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.