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Decision Text

ARMY | BCMR | CY2001 | 2001060432C070421
Original file (2001060432C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 December 2001
         DOCKET NUMBER: AR2001060432


         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
Mrs. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Ronald E. Blakely Member
Mr. Thomas E. O'Shaughnessy, Jr. 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 Block 33 of his WD AGO Form 53-55 (Report of Separation and Honorable Discharge) be corrected by awarding him the Purple Heart and the World War II Victory Medal.

3. The applicant states that the Purple Heart was left off of his WD AGO 53-55.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the applicant’s WD AGO Form 53-55 and hospital admission card data files created by the Office of the Surgeon General (OTSG).

5. He was inducted in the Army of the United States on 4 October 1943. Following completion of all military training, he was awarded military occupational specialty (MOS) 271, Longshoreman, and transferred to the Asiatic-Pacific Theater of Operations (APTO). He served in the APTO until he was returned to the United States for discharge.

6. An OTSG hospital admission card for the year 1945 indicates the applicant's only medical treatment in 1945 occurred in March when he was treated for a "schizophrenic reaction, hebephrenic type."

7. On 5 June 1945, the applicant was honorably discharged under the provision of Army Regulation 615-361. He was credited with 1 year, 8 months, and 23 days of creditable military service. His WD AGO 53-55 shows that he participated in the New Guinea Campaign. It also shows he was awarded the Asiatic-Pacific Campaign Medal with one bronze star. It also states, in Block 34 (Wounds Received in Action), that he was never wounded.

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal). It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1. There is no evidence in the available records, nor has the applicant provided any, to indicate that he is entitled to award of the PH. Without such evidence, the Board cannot recommend award of the PH. Additionally, the applicant’s WD AGO Form 53-55 reflects "none" in Block 34 (Wounds Received in Action).

2. The evidence of record does confirm the applicant is entitled to a World War II Victory Medal.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to his WD AGO Form 53-55, awarding him the World War II Victory Medal.

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

BOARD VOTE:

_KAK____ __REB__ ___TEO_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Karol A. Kennedy____
                  CHAIRPERSON




INDEX

CASE ID AR2001060432
SUFFIX
RECON
DATE BOARDED 20011211
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19450605
DISCHARGE AUTHORITY AR 615-361
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY DASA
ISSUES 1. 100.1021
2.
3.
4.
5.
6.


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