RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 NOVEMBER 2004
      DOCKET NUMBER:   AR2004104260


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Hubert Fry                    |     |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, in effect, that his records be corrected to
reflect award of the Purple Heart.

2.  The applicant states, in effect, that his award of the Purple Heart was
not recorded on his Certification of Military Service, which was issued in
January 1999.  He states that a recent ruling by the Department of Veterans
Affairs requires “the Purple Heart certification for certain treatment
eligibility.”

3.  The applicant provides a copy of a August 1945 statement from Lawson
General Hospital, a July 1946 extract of an order announcing his retirement
from active duty by reason of disability on 31 July 1946, and a statement
from the Assistant Separation and Classification Officer recounting his
assignments and manner of his performance in each of those assignments.
The information was extracted from his War Department Adjutant General
Office Form 66-1 (Officer’s and Warrant Officer’s Qualification Card).

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicated that the applicant was
commissioned as a Regular Army officer on 1 July 1939.  On 31 July 1946 he
was retired by reason of physical disability.  The disability, which served
as the basis for his retirement, was migraines.  His disability documents
noted that his disability was not incurred in combat with an enemy of the
United States or as a result of an explosion of an instrumentality of war
in the line of duty.

2.  A “Brief Clinical Abstract” contained in documents associated with his
disability processing notes that the applicant:

      claims that on 16 December 1944 he was evacuated for a concussion.  He
      states that he was hospitalized three days in the 101st Evacuation
      Hospital.  He then spent about three weeks recuperating in a Paris
      hotel.  When he was returned to duty he was assigned to the 87th
      Infantry Division as Battalion Commander.  [The applicant related
      that] on
      28 February 1945, while advancing in combat with his men, he believes
      he had another concussion.  His outfit was under heavy enemy fire.


3.  During an interview by members of the disability board he related that
he had been “wounded in November 1944.”

4.  His Brief Clinical Abstract noted that “in the opinion of the medical
witnesses this patient’s description of his two episodes of concussion are
more in keeping with that of an episode of confusion rather than a true
concussion.”

5.  There were no medical records from either incident in which the
applicant claimed to have suffered from a concussion.

6.  While documents available to the Board do indicate that the applicant
was in France between 1 November 1944 and at least 18 December 1944 he was
not actively engaged in combat activities during that period.

7.  There were no medical records confirming any medical treatment in
November or December 1944, or in February 1945.  The applicant was awarded
a Silver Star on 18 February 1945 for his heroic actions on 6 February
1945, but neither the award recommendation, nor the award citation indicate
that the applicant was wounded during the action which resulted in his
Silver Star award.

8.  The Brief Clinical Abstract notes that the applicant was admitted to
the 65th Field Hospital on 2 March 1945 “with a history of migraine.  There
was no history or mention made of any concussion.”  Documents associated
with his disability processing also make no mention of any previously
awarded Purple Hearts.

9.  The applicant’s Qualification Card notes the applicant’s Combat
Infantryman Badge and Silver Star but does not indicate he was ever awarded
a Purple Heart.

10.  In January 1964 the applicant was issued a duplicate Silver Star and a
Bronze Star Medal based on his World War II Combat Infantryman Badge.  The
form authorizing issuance of the two awards noted that “no record has been
found to show that you were WIA [wounded in action] and awarded the Purple
Heart.”

11.  The 10 August 1945 certificate from Lawson General Hospital notes the
applicant’s “Silver Star Medal, Combat Infantry Badge, and American Defense
Ribbon.”  The Bronze Star Medal and Purple Heart Medal appear to have been
added to the document after it was initially prepared as evidenced by the
spacing and lack of “period” at the end of entries, which is present in the
earlier award entries.




12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant does not specify the basis for his Purple Heart
entitlement, he implies, based on documents provided in support of his
request, that his retirement by reason of disability entitled him to an
award of the Purple Heart.  The evidence available clearly indicates that
the applicant’s disability, which resulted in his retirement, was not
incurred as a result of hostile action.

2.  The evidence available to Board indicates that the applicant was not
engaged in active ground combat in November or December 1944 when he
indicated that he sustained his initial concussion.

3.  Unfortunately, there is no medical evidence which confirms that the
applicant was ever treated for a concussion sustained as a result of
hostile action.  In the absence of such evidence, there is no basis for an
award of the Purple Heart.  The entry on the 1945 certificate, in the
absence of more compelling medical evidence is insufficient as a basis to
confirm entitlement to the Purple Heart.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JH___  ___LE __  ___HF___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            _____James Hise_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104260                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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