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ARMY | BCMR | CY2007 | AR20070005644C071029
Original file (AR20070005644C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        04 October 2007
      DOCKET NUMBER:  AR20070005644


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Enlisted Record and Report of
Separation (WD AGO Form 53-55) be corrected to show that he was wounded in
action while he was in the Army and was awarded the Purple Heart.

2.  The applicant states that he was wounded in action in France and that
he was in the hospital in England for about 5 months.  He states that he
received the Purple Heart while he was hospitalized and that the Department
of Veterans Affairs (VA) wants proof that he received the Purple Heart.

3.  The applicant provides a copy of his notification from the United
States Army Tank-automotive and Armaments Command informing him that his
awards, which include the Purple Heart, had been shipped to him; and a copy
of his Department of VA Identification Card.

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army in Jamaica, New York, on 19
March 1941.  He successfully completed his training as a Gun Crewman, Light
Artillery. He was transferred to the European Theater of Operations on 5
December 1943.

2.  The applicant was serving in the rank and pay grade of corporal
(technician 5) when his mother was notified that he had been wounded in
action in France on 15 August 1944.  He was evacuated to the hospital on 16
August 1944.  Hospital records show that he suffered multiple moderate
penetrating wounds to his right thigh posteriorly, his middle one third
left buttock, his left first and second fingers, proximal phalanx and a
fracture to his left index finger.  His records show that his wounds were
incurred in the line of duty, as a result of a land mine explosion near
Dinard, France.

3.  His hospital and military records show that on 24 August 1944, the
applicant was awarded the Purple Heart for wounds received as a result of
enemy action on 15 August 1944, in Dinard, France.

4.  The applicant returned to duty on 18 December 1944 and he was honorably
discharged on 24 September 1945.  His WD AGO Form 53-55 shows that he
participated in four campaigns and that he was awarded the American Defense
Service Medal, the Army Good Conduct Medal and the European-African-Middle



Eastern Service Medal.  His WD AGO Form 53-55 also shows that he was issued
an Army Lapel Button.  However, his WD AGO Form 53-55 fails to show that he
was wounded in action and awarded a Purple Heart.

5.  The notification that the applicant submitted in behalf of his
application indicates that the United States Army Tank-automotive and
Armaments Command shipped him medals and those medals included the Purple
Heart, the Army Good Conduct Medal, the American Defense Service Medal, the
European-African-Middle Eastern Campaign Medal w/four Bronze Service Stars
and one Arrowhead; the World War II Victory Medal, and the Honorable
Service Lapel Button (World War II).

6.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

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

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant's WD AGO
Form 53-55 which resulted in the omission of the Purple Heart.

2.  His records clearly show that he was wounded as a result of hostile
action by enemy forces on 15 August 1944 and he was awarded the Purple
Heart on 24 August 1944.  His WD AGO Form 53-55 should be amended to
reflect this injury and his decoration.

3.  Additionally, in accordance with the applicable regulation, his WD AGO
Form 53-55 should also be amended to reflect that he was awarded the World
War II Victory Medal and four Bronze Service Stars and one Arrowhead for
inclusion on his European-African-Middle Eastern Campaign Medal.

4.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

BOARD VOTE:

__QAS__  __SAP__  __EEM__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  amending his WD AGO Form 53-55 to show that he suffered multiple
wounds to his right thigh, middle one third left buttock, left first and
second fingers and a fracture to his left index finger on 15 August 1944,
as a result of a land mine explosion, while in Dinard, France, serving in
the rank of corporal; and


      b.  showing that he was awarded the Purple Heart, four Bronze Service
Stars and one Arrowhead for inclusion on his European-African-Middle
Eastern Campaign Medal and the World War II Victory Medal.




                            ____Susan A. Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005644                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071004                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/DISCHARGE DOCUMENT             |
|2.  1                   |110.0400/ADD APPROVED AWARDS            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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