PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  22 April 2003
	DOCKET NUMBER:  AR2002079114

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Mae M. Bullock		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, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the Purple Heart for wounds received during World War II. 

3.  The applicant states that he was never issued the Purple Heart due to his combat situation.  He was treated at the Batavia Veterans Administration Medical Clinic (VAMC) in Batavia, New York.  His scar is consistent with an injury received from a shrapnel wound.  In support of his application, he submits a copy of his WD AGO Form 53-55 and letter from the Department of Veterans Affairs (DVA), Batavia Site.  He provides no account on where, when, or under what circumstances he was wounded.

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 show he entered active duty on 21 January 1942, as a field lineman (641).  He served in the European-African-Middle Eastern Theater of Operations from 22 June 1942 to 29 October 1945, and continued to serve until he was honorably discharged on 19 November 1945.

5.  The applicant’s WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Good Conduct Medal, and the World War II Victory Medal.   

6.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received In Action) of the applicant’s 
WD AGO Form 53-55, which was authenticated in his own hand, shows the entry "None."  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

7.  The applicant’s records contain three Surgeon General’s Office (SGO) Hospital Listings, which show that the applicant was admitted to the hospital on three occasions and was treated for disease, not a wound or injury as a result of enemy action.   

8.  The applicant provided a copy of a letter from DVA, Batavia Site, dated 6 August 2002.  The letter references that the applicant stated that in November 1944, while serving in France, he suffered a shrapnel wound of the back and was treated on the battlefield by medics.  During his recent visit, a scar was observed on the applicant's back and in the opinion of the nurse; the applicant was eligible for award of the Purple Heart as a result of his injury.

9.  The applicant's medical records are unavailable for review by the Board.

10.  A DA Form 1577, dated 18 April 1995, shows that the Army Reserve Personnel Center (ARPERCEN) in St. Louis, Missouri, determined the applicant was authorized to be issued the Meritorious Unit Emblem and the Army of Occupation Medal with Germany Clasp.

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.  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.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during World War II.  Therefore, is no basis to approve an award of the Purple Heart.

2.  The Board notes the only SGO Listings contained in the applicant's record diagnosed him as having a disease during WWII, not a wound or injury as a result of enemy action.  The letter from the DVA, Batavia Site, discusses a scar  on the applicant's back and in their opinion felt that the applicant was eligible for award of the Purple Heart.  However, there are no medical records available for review to substantiate the applicant's claim on the origin of the scar.

3.  The evidence of record shows that the applicant was eligible for the Meritorious Unit Emblem and the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his records to show these awards.

4.  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 for the individual concerned be corrected by showing that he was awarded the Meritorious Unit Emblem and the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:  

__mm___  __cg___  __mb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Melvin H. Meyer____
		        CHAIRPERSON

INDEX

CASE ID	AR2002079114	
SUFFIX		
RECON		
DATE BOARDED	20030422	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451119	
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  	61	
2.		
3.		
4.		
5.		
6.