RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          11 January 2005
      DOCKET NUMBER:  AR2004106584


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, that his record be corrected to show
award of the Purple Heart (PH).

2.  The applicant states, in effect, that he received shrapnel wound to the
right leg in September 1944.  He was hospitalized at the 300th General
Hospital on the same date and he remained in the hospital for 1 month.

3.  The applicant provides in support of his request a:

      a.  WD AGO Form 53-55 (Enlisted Record and Report of Separation-
Honorable Discharge) issued on 23 November 1945.


      b.  One page from his WD AGO Form 24 (Service Record).


      c.  WD AGO Form 38 (Report of Physical Examination of Enlisted
Personnel Prior to Discharge, Release from Active Duty or Retirement, dated

22 November 1945.  Item 11 (List Significant Diseases, Wounds, and Injuries
and State Circumstances Under Which Wounds or Injuries Were Incurred) shows
"NO MALARIA OR DISENTERY OR SYPHILIS.  "Shrapnel wound right leg-Sept 44-No
army hospitalization."


CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States on 13
February 1943 and he entered into an active duty status on 20 February
1943.  He was trained in military occupational specialty (604) (Light
Machine Gunner).  He departed for the European Theater of Operations and
arrived there on or about 15 July 1944.   He served in the European Theater
of Operation until 30 October 1945.

2.  The applicant's Service Record shows that he participated in the
"Battle of Gothic Line from 12 to 19 September 1944."

3.  A Hospital Admissions Card created by the Department of the Army,
Office of The Surgeon General in September 1944, shows the applicant was
hospitalized and treated for psychoneurosis.  Medical records also
corroborate the applicant was treated for psychoneurosis from 27 September
to 30 October 1944 at the 300th General Hospital.  There is no evidence
that he was ever treated for a wound that occurred while he was in action
against an enemy force.

4.  The applicant's WD AGO Form 53-55, shows that on 23 November 1945, he
was honorably separated and he participated in the North Apennines, and PO
Valley campaigns.  Item 33, (Decorations and Citations) shows he was
awarded the Good Conduct Medal, American Service Medal, European-African-
Middle-Eastern (EAME) Campaign Medal, World War II Victory Medal, Combat
Infantryman Badge, and the Honorable Service Lapel Button.  Item 34 (Wounds
Received in Action) shows "None."

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It states, in pertinent part that:

      a.  The PH is awarded for a wound sustained as a result of hostile
action.  Substantiating evidence must be provided to verify that:  (1) the
wound was the result of hostile action; (2) the wound required medical
treatment; and (3) the medical treatment was made a matter of official
record.

      b.  The Bronze Star Medal (BSM) is awarded for heroism and for
meritorious achievement or service in military operations against an armed
enemy.  The BSM 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 CIB or the Combat Medical Badge is considered to be
a citation in orders.  This means, in effect, that the BSM is to be awarded
to individuals who were authorized either badge for service during World
War II.


      c.  A bronze service star is authorized 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 service
medal.  The applicant is authorized two bronze service stars to represent
the two campaigns in which he served from 15 July 1944 to 30 October 1945.



DISCUSSION AND CONCLUSIONS:

1.  The Separation Physical Examination provided by the applicant is not
sufficient to warrant award of the PH.  There is nothing in the applicant's
record and he has provided nothing to support his contention that he was
wounded as a result of hostile action.

2.  Hospital Admissions Card created by the Department of the Army, Office
of The Surgeon General shows he was treated for psychoneurosis, not due to
a wound, as a result of hostile action.

3.  To be awarded the Purple Heart, the applicant would have to show that
he was wounded and that:  (1) the wound was the result of hostile action;
(2) the wound required medical treatment; and (3) the medical treatment was
made a matter of official record.

4.  The available evidence does support correcting the applicant's record
to show award of the BSM as a result of his having received the CIB, and
two bronze service stars to be worn on the EAME Campaign Medal.

5.  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

__lds___  __jtm___  __cak___  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 award of the BSM and two bronze service stars for wear on
his EAME Campaign Medal.


                 Linda D. Simmons
            ______________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106584                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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