RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 June 2005
      DOCKET NUMBER:  AR20040008696


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he would like the PH he received
for being wounded in action on 2 February 1944.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement, Separation Document (WD AGO Form 53-
55), and
The Adjutant General (TAG) of the Army Notification Letters.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 11 January 1946.  The application submitted in this case
is dated
28 September 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center (NPRC) in 1973.  It is believed
that the applicant’s records were lost or destroyed in that fire.  However,
there were sufficient documents remaining in a reconstructed record for the
Board to conduct a fair and impartial review of this case.  This case is
being considered using reconstructed records, that primarily consist of the
applicant’s WD AGO Form 53-55, TAG PH Notification Letters, and Office of
the Surgeon General (OTSG) Hospital Admission Cards for 1942-1945.

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
and entered active duty on 12 April 1943.  He held the military
occupational specialty (MOS) 405 (Clerk Typist) and served in the European
Theater of Operations (ETO) from 24 November 1943 through 23 July 1944.  It
further shows that he participated in the Sicily, Naples-Foggia and Rome-
Arno campaigns of World War II.
5.  The applicant’s WD AGO Form 53-55 also shows, in Item 33 (Decorations
and Citations), that during his tenure on active duty, he earned the
American Theater Campaign Medal, European-African-Middle Eastern Campaign
Medal with 3 bronze service stars, Army Good Conduct Medal and World War II
Victory Medal.  Item 34 (Wounds Received in Action) contains the entry “Not
Available”.

6.  An OTSG Hospital Admission Record for the applicant, which is on file
at the NPRC, confirms he was admitted to a medical facility in the ETO in
February 1944, and that he was treated for a combat related shell fragment
wound. The OTSG record further confirms the applicant was categorized as a
battle casualty.

7.  The applicant provides two TAG notification letters addressed to the
applicant’s mother, dated 21 March and 26 April 1944, respectively.  These
letters notified the applicant’s mother that the applicant was convalescing
and making normal improvement.  A TAG letter, dated 14 February 1946, was
also provided by the applicant.  This letter informs the applicant he was
awarded the PH for wounds he received in action on 2 February 1944, and
that the PH medal would be provided to him within a short period.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that the PH is awarded to any member of an Armed Force who, while
serving in any capacity with one of the Armed Services after 5 April 1917,
has been wounded or killed in action.  The regulation defines a wound as an
injury to any part of the body from an outside force or agent sustained
under conditions defined by this regulation.  In order to support awarding
a member the PH, it is necessary to establish that the wound, for which the
award is being made, required treatment by a medical officer.  This
treatment must be supported by records of medical treatment for the wound
or injury received in action, and must have been made a matter of official
record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH based on being wounded
in action during World War II was carefully considered and found to have
merit.  By regulation, in order to support awarding a member the PH, it is
necessary to establish that the member was wounded in action, treated for
the wound received in action and the record of this treatment must have
been made a matter of official record.

2.  The OTSG Hospital Admission Record and TAG notification letters confirm
the applicant was wounded in action on 2 February 1944, while serving in
the ETO during World War II.  The OTSG record also shows he was treated for
this combat related shell fragment wound at a military medical facility as
a battle casualty.  Therefore, the regulatory burden of proof necessary to
support award of the PH has been satisfied in this case.  As a result, it
would be appropriate to add this award to his record at this time.

BOARD VOTE:

___MMD_  ___TEO_  __YM___  GRANT 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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding him the Purple Heart; and by
providing him a corrected separation document that adds the PH to the list
of awards contained in Item 33, and by adding the entry “Shell Fragment
Wound, 2 February 1944, ETO” to Item 34.




            ____Melinda M. Darby____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008696                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/01/11                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0061                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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