RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September
      DOCKET NUMBER:  AR20040010161


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states that his records do not reflect that he was
wounded in action.  He further states that when he was injured by shrapnel
in his left ankle, no medic was available so his captain told him to clean
it (wound) himself and be done with it.  Three days later the ankle was so
severely infected, he could not walk.  He finally made it to a medic who
told him that he would personally submit a request for the applicant to
receive the Purple Heart.

3.  The applicant continues that to the best of his knowledge, the medic
was killed in action and he was in bed for approximately a week until he
was well enough to go back to the war.  The applicant also stated that he
went to Newport News Hospital upon his discharge from the Army.

4.  The applicant provides a letter from a friend, a letter from the
National Personnel Records Center, dated 26 October 2004, and a
Verification of Diagnosis from Physician, dated 5 October 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 3 December 1945.  The application submitted in this case
is dated 2 November 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 limitation 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 in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  This case is
being considered using reconstructed records, which primarily consist of
the applicant’s separation document and an Authorization for Issuance of
Awards (DA Form 1577).

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
and entered active duty on 18 February 1941.  It also shows he held
military occupational specialty (MOS) 821 (Mess Sergeant).  He served
continuously on active duty until being honorably separated on 3 December
1945.

5.  The applicant’s WD AGO Form 53-55 also shows the applicant served in
the
European Theater of Operations (ETO) from 7 March 1944 through 6 November
1945 and during that time he earned the European-African Middle Eastern
Campaign Medal ( EAME), the American Defense Service Medal, the American
Theater Campaign Medal, the Good Conduct Medal, the Croix de Guerre, and
the World War II Victory Medal.  The WD AGO Form 53-55 also states in item
55 (Remarks) that the applicant’s permanent service record was not
available at the time of his separation.

6.  Item 32 (Battles and Campaigns) contains the entry “not available.”
Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55
contains the entry “None” and the applicant authenticated the separation
document with his signature in Item 56 (Signature of Person Being
Separated).

7.  A DA Form 1577 (Authorization for Issuance of Awards) shows the
applicant was awarded three bronze service stars for his EAME.

8.  The applicant provides an undated letter written by a friend who stated
that the applicant was 86 years old and that his wife had passed away
recently and he made a promise to his wife that he would continue his
efforts to obtain the Purple Heart.  The letter also stated the applicant
wanted nothing to do with the war upon his return home from World War II.
However, with his wife’s encouragement prior to her death, the applicant
received all medals except the Purple Heart.

9.  The applicant provided a copy of a letter from the National Personnel
Records Center, dated 26 October 2004.  This letter stated, in part, that
no record was found which shows the veteran [applicant] was given medical
treatment for wounds or injuries received in action and in the absence of
such records, the Purple Heart was not authorized.

10.  The applicant provided a copy of a document from the Bandera Family
Practice Clinic, Bandera, Texas.  This document stated that the applicant’s
major diagnosis was left ankle scar with severe osteoarthritis secondary to
shrapnel.  The physician stated that in his professional opinion, the
applicant’s wound appears to be very old.


11.  Army Regulation 800-8-22 (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, and the medical treatment must have been made a matter of
official record.

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit, Headquarters
Company, 1st Airborne Infantry, was credited with participation in three
campaigns –Ardennes-Alsace, Central Europe, and Rhineland and that the unit
was awarded occupation credit for Germany for the period 5 July through 31
October 1945.

13.  Army Regulation 600-8-22 provides that the Army of Occupation Medal is
awarded for service of 30 consecutive days at a normal post of duty in a
qualifying location.  For Germany, service must have been between 9 May
1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal
must have been awarded prior to 9 May 1945.

14.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the European-African-
Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart and the
supporting documents he provides were carefully considered.  However, by
regulation, in order to support awarding a member the Purple Heart, it is
necessary to establish that a member was wounded or injured in action, that
the wound required medical treatment, and that the medical treatment was
made a matter of official record.

2.  The veracity of the applicant’s claim that he was injured by shrapnel
while serving in the ETO is not in question.  However, absent any evidence
of record to corroborate that the applicant sustained and/or was treated
for a combat related wound/injury, the regulatory burden of proof necessary
to support award of the Purple Heart has not been satisfied in this case.



3.  The applicant submitted a Verification of Diagnosis from his physician
which stated that he [the applicant] had an ankle scar secondary with
severe osteoarthritis secondary to shrapnel.  However, there is
insufficient evidence to show this injury was ever documented in the
applicant’s service medical records or was the result of hostile action.

4.  In the absence of records prepared at the time of the applicant’s
service which show that he was wounded or injured as a result of hostile
action, there is insufficient evidence upon which to base award of the
Purple Heart in this case.

5.  Records show the applicant participated in three campaigns during his
service.  Therefore, his records should be corrected show three bronze
service stars to be affixed to his European-African Middle Eastern Campaign
Medal.
He also met the eligibility criteria for award of the Army of Occupation
Medal with Germany clasp.  Therefore, these awards should be added to his
WD AGO Form 53-55.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KS       __BJE___  __RTD__  DENY APPLICATION









BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is in the best interest of justice to
excuse failure to timely file.

2.  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show
three bronze service stars with is European-African Middle Eastern Campaign
Medal and the Army of Occupation Medal with German clasp.




                                  _____ Stanley Kelley_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010161                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]