PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 April 2003
	DOCKET NUMBER:   AR2002081515

	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	
	Mr. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Terry L. Placek		Member	
	Mr. Robert L Duecaster		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 award of the Purple Heart.  

3.  The applicant states that he was hit in the right boot by a piece of shrapnel during the Battle of the Bulge.  He states that the medics took him to a Field Hospital where it was removed.  The applicant also contends that the day after he was treated the Germans overran the field hospital, and, as a result, he contends that the records of his treatment were lost. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and consist primarily of his WD AGO Form 
53-55 (Enlisted Record and Report of Separation-Honorable Discharge), WD AGO Form 100 (Separation Qualification Record), and his Department of Veterans Affairs (DVA) Medical File which contained the applicant's service medical records.

5.  The available records show that the applicant was inducted on 21 January 1943 and completed training in the Armor Branch.  He served in the European-African-Middle Eastern Theater of Operations from 30 April 1944 to 14 December 1945.  The applicant was honorably separated from active on 3 January 1946.

6.  The applicant's WD AGO Form 53-55, which is authenticated in his own hand, does not show in item 33 (Decorations and Citations) entitlement to award of the Purple Heart.  Item 34 (Wounds Received in Action) contains the entry, "Not Available."

7.  There are no orders in the available records which show that the applicant was awarded the Purple Heart.  The applicant's service medical records do not show treatment for wounds or injuries resulting from hostile action.  The applicant's separation medical examination does not show scars consistent with wounds sustained as a result of hostile action.

8.  Hospital admission records of The Surgeon General of the Army show that the applicant was admitted for treated for a fractured right ankle in December 1943.  The cause of this injury was the result of twisting, turning or slipping.  There are no hospital admission records which show that he was treated for wounds sustained as a result of hostile action.

9.  The Board noted that the applicant was eligible for award of the Army of Occupation Medal with Germany Clasp which is not shown on his WD AGO Form 53-55.

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.

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 award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred 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 Board considered the applicant's request for award of the Purple Heart and noted the applicant's description of his wounding.  

2.  There are no orders which awarded the applicant the Purple Heart.

3.  There is no medical evidence that the applicant was wounded or treated for wounds as a result of hostile action.

4.  The applicant authenticated his WD ASGO Form 53-55 which did not show award of the Purple Heart or wounds sustained in action. 

5.  In the absence of evidence that the applicant was wounded as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  Evidence of record shows that the applicant was entitled to award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his records to show this award.

7.  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 Army of Occupation Medal with Germany Clasp.

2.  That so much of the application as relates to award of the Purple Heart to the individual concerned is denied.

BOARD VOTE:  

__TLP___  __RVO__  __RLD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mr. Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR20020081515	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030424	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.	107.0015.0000	
3.		
4.		
5.		
6.