RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 AUGUST 2005
      DOCKET NUMBER:  AR20040011095


      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. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |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 award of the Purple Heart.

2.  The applicant states he was injured on 23 August 1944 during the battle
for a French village.  He states the injury was the result of the attack.

3.  The applicant provides a copy of his separation document and a
statement from his former commander.

CONSIDERATION OF EVIDENCE:

1.  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.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

2.  The applicant's separation document indicates that he entered active
duty on 10 September 1942 and arrived in the European Theater of Operations
in October 1943 where he remained until July 1945.

3.  He was honorably discharged on 16 September 1945.  His separation
document indicates that he was awarded the Combat Infantryman Badge, but
does not indicate award of the Purple Heart.  Item 40 (wounds received in
action) reflects "None."  The applicant authenticated the accuracy of the
information on his separation document by his signature and thumb print.

4.  The statement submitted in support of the applicant's request was
authored by an individual who identifies himself as the applicant's company
commander during the period in question.  The statement is dated 13
February 2004 and notes that on 23 August his unit waged a very fierce, and
equally fiercely returned battle, for the French village of Gathemo and
surrounding villages.  He noted that he, the applicant, and another
individual came under fire from German snipers and that he and the
applicant jumped in a ditch where he remained low as bullets whizzed over
them for a good hour and a half.  The other individual was killed.

5.  The former commander noted the applicant was in bad condition having
landed in a rocky, water-filler section of the ditch.  He notes he was
unable to


walk and apparently suffered from exposure and other injuries.  He states
that following the attack the applicant was confined to a field hospital
for a period of several weeks and indicates that he should have made
certain the applicant received the Purple Heart but does not recall whether
or not one was issued to him at the time.

6.  There were no service medical records available to the Board or
provided by the applicant.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
Bronze Star Medal is authorized for each individual who was cited in orders
or awarded a certificate for exemplary conduct in ground combat between
7 December 1941 and 2 September 1945 or whose achievement or service,
during that period, was confirmed by documents executed prior to 1 July
1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge
is considered to be a citation in orders.  Therefore, the Bronze Star Medal
is to be awarded to individuals who were authorized either badge for
service during World War II.

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental
United States as a passenger or in a temporary duty status for 30
consecutive or 60



nonconsecutive days, or active combat against the enemy and was awarded a
combat decoration or furnished a certificate by a corps commander or
higher, or service within the continental United States for an aggregate
period of one year.  The applicant's separation document notes the
applicant served within the continental United States for 15 months.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no medical evidence available to the Board, or
provided by the applicant, which confirms that he was wounded as a result
of hostile action during World War II.  In the absence of such medical
evidence, the applicant's statement and that of his former commander are
insufficient to confirm entitlement to the Purple Heart.

2.  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.

3.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PS ___  ___YM   _  ___LH  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  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 entitlement to the Bronze Star Medal, the World War II
Victory Medal, and the American Campaign Medal.




                                  _______Paul Smith_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011095                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|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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