RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 June 2005
      DOCKET NUMBER:  AR20040009084


      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) to
her deceased husband, a former service member (FSM).

2.  The applicant states, in effect, that the FSM was wounded in action
during World War II.

3.  The applicant provides the following documents in support of the
application: FSM’s Separation Document (WD AGO Form 53-55), Department of
Veterans Affairs (VA) Award of Disability Compensation (VA Form Letter 8-
38) and FSM’s Death Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 29 April 1947.  The application submitted in this case is
dated
30 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 FSM’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 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.

4.  The FSM’s WD AGO Form 53-55 shows that he reenlisted in the Army on
31 January 1946.  At the time of his reenlistment, he had already completed

3 years, 3 months and 4 days of prior Army service.  The separation
document provided does not document the FSM’s World War II service, and no
separation document for his prior period of active duty service during
World War II was provided.

5.  The remaining records on file for the FSM at the National Personnel
Records Center (NPRC) include an Office of the Surgeon General (OTSG)
Hospital Admission Records.  The OTSG reports confirm the FSM was admitted
to a military medical treatment facility in the Southwest Pacific as a
battle casualty on 10 December 1944.  They further show that the FSM was
treated for a shrapnel wound to the thigh, which he received from a hand
grenade fragment.  The OTSG reports further verify that the FSM’s wound was
battle related.

6.  The applicant provides a VA FL 8-38, dated 2 September 1947.  This
document confirms the FSM was awarded compensation from the VA for a combat
related shrapnel wound he received during World War II.

7.  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 that the FSM is entitled 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 Records on file confirm the FSM was wounded
in action on 10 December 1944, while serving in the Southwest Pacific
during World War II.  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 award the FSM the PH and add it 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 the FSM the Purple Heart, and
by providing the applicant a corrected separation document that includes
this award.




            ___Melinda M. Darby ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009084                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1947/04/29                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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