RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2004
      DOCKET NUMBER:  AR2004102956


      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:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert J. Osborn              |     |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, reconsideration of his request to be
awarded the Purple Heart (PH).

2.  The applicant states, in effect, that he was denied the PH because Item
34 (Wounds Received In Action) of his separation document (WD AGO Form 53-
55) contained the entry “None” and he signed this document in Item 56
(Signature of Person Being Separated).  He states this form is in error
because at the time he was not aware that in the future he would become
eligible for a Department of Veterans Affairs (VA) disability rating of 100
percent.  He states that because he is a 100 percent disabled World War II
veteran, he believes he is eligible for the PH.

3.  The applicant provides a self-authored statement, a copy of his WD AGO
Form 53-55 and a VA Certification Letter in support of his application

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2001060260, on 20 November 2001.

2.  The applicant’s separation document confirms he enlisted in the Army
and entered active duty on 16 January 1941.  It further shows that he
served in the European Theater of Operations (ETO) from 24 August 1944
through 25 October 1945 and that he participated in the Central Europe,
Northern France, and Rhineland campaigns of World War II.  Item 34 of the
WD AGO Form 53-55 contains the entry “None” indicating the applicant never
received a combat related wound or injury.

3.  In its original conclusions, the Board found the applicant had failed
to provide evidence to verify he was ever received a combat related wound
or injury as a direct result of or that was caused by enemy action.  The
Board further noted that the applicant’s separation document indicated he
was not wounded in action and that he signed the WD AGO Form 53-55
confirming the information it contained was correct at the time the
document was prepared and issued.
4.  The applicant provides a VA letter, dated 15 May 1997, which certifies
the applicant was receiving disability compensation for a service connected
disability. It further states the applicant was being paid at the rate of
100 percent due to his unemployability.  This letter contains no
information in regard to what the service related medical conditions that
contributed to his disability rating were or whether or not his conditions
were directly attributable to a combat related wound or injury.

5.  Title 38, United States Code, sections 1110 and 1131, permits the VA to
award compensation for a medical condition which was incurred in or
aggravated by active military service.  The VA, in accordance with its own
policies and regulations, awards compensation solely on the basis that a
medical condition exists and that said medical condition reduces or impairs
the social or industrial adaptability of the individual concerned.

6.  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 in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he should by entitled to the PH because he
is a
100 percent disabled World War II veteran was carefully considered.
However, by regulation, in order to support awarding the PH, there must be
evidence a member was wounded/injured in action, was treated for the
wound/injury by military medical personnel and a record of this medical
treatment must have been made a matter of official record.

2.  The veracity of the applicant’s claim that he is a 100 percent disabled
World War II veteran based on service connected medical conditions is not
in question. However, the award of a VA disability rating in and of itself
does not entitle a member to the PH.  The VA letter provided by the
applicant provides no information regarding the applicant’s service
connected conditions, or if these conditions were result of a combat
related wound or injury.
3.  Absent any evidence of record to corroborate and/or that confirms the
applicant received a combat related wound or injury that was the direct
result of or caused by enemy action, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RJO __  ___FE __  ___JTM _  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 to amend the decision of
the ABCMR set forth in Docket Number AR2001060260, dated 20 November 2001.




            ____Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102956                            |
|SUFFIX                  |                                        |
|RECON                   |2001/11/20  AR2001060260                |
|DATE BOARDED            |2004/11/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/10                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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