RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 JANUARY 2005
      DOCKET NUMBER:  AR2004106587


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Ms. Eloise Prendergast            |     |Member               |
|     |Ms. Jeanette McCants              |     |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 posthumous award of the Purple Heart for her
deceased father, a former service member (FSM).

2.  The applicant states that her deceased father earned the Purple Heart
during World War II in combat.

3.  The applicant provides documents showing that she is the next of kin.
She provides two 1994 statements from a former comrade of her deceased
father, a copy of her father's transcript of military record, a copy of
1995 Department of Veterans Affairs (VA) documents, a copy of a 1994
statement authored by the deceased FSM, a copy of a National Personnel
Records Center letter showing entitlement to awards, and a copy of the
FSM's Certification of Military Service.

CONSIDERATION OF EVIDENCE:

1.  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 FSM's
records were lost or destroyed in that fire.  However, there are sufficient
documents available to conduct a fair and impartial review of this case.

2.  The FSM's transcript of military record, AGO Form 01254, shows that he
enlisted in the Army on 5 November 1942 and served as an automatic rifleman
with Company I, 112th Infantry in the European Theater of Operations (ETO)
during World War II.  That transcript shows that he arrived in the ETO on
        18 October 1943 and returned to the United States on 3 April 1945.
He was awarded the European-African-Middle Eastern Campaign Medal with one
bronze service star, the World War II Victory Medal, the American Campaign
Medal, and the Combat Infantryman Badge.  That certificate shows that he
participated in the Normandy campaign.  He was honorably discharged on 24
July 1945 at the Convalescent Hospital at Camp Edwards, Massachusetts.

3.  Information from the hospital admission cards created by the Office of
The Surgeon General show that the applicant was admitted to a hospital on
          20 November 1944 with a diagnosis of psychoneurosis, anxiety
(including hypochondriasis).  That information shows that he was
hospitalized for 246 days.
4.  In June and August 1994 a former comrade stated that he and the FSM
were both automatic riflemen with Company I, 112th Infantry Regiment,
operating somewhere between San Lo and Vire in France the latter part of
July and prior to 4 August 1944, when they received heavy artillery fire.
He stated that the FSM was wounded, and he witnessed him being patched up.

5.  On 14 August 1994 the FSM submitted a statement regarding his military
service.  He stated that he injured his back while stepping into a landing
craft during the invasion of Normandy.  He stated that they fought their
way to San Lo and Vire and he was hit by shrapnel from artillery fire.  He
was ordered to an aid station during the lull in the fighting and they
stated that he had too much combat, and sent him to a field hospital.  He
related his treatment at the field hospital, his return to the United
States, and his discharge at Camp Edwards.  He stated that he continued to
have severe back problems and pain and continued to have flashbacks and
nightmares because of his experiences.  He stated that he was unemployable
and had not worked since 1979.

6.  The FSM passed away on 1 September 1994.

7.  On 27 October 1995 the VA informed the FSM's wife that it had denied
her claim for accrued benefits.  The VA rating decision indicates that the
FSM had been treated for posttraumatic stress disorder and that he had been
receiving a   50 percent disability rating for that condition.

8.  In an 18 November 2002 letter to a VA office in Woodbury, New Jersey,
the National Personnel Records Center indicated that the FSM was entitled
to award of the Bronze Star Medal and the awards as shown on his transcript
of military record.

9.  The historical files of the 112th Infantry Regiment were reviewed at
the National Archives in College Park, Maryland.  The review failed to show
that the FSM was entitled to award of the Purple Heart.

10.  Army Regulation 600-8-22 provides 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.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.

12.  The above-mentioned regulation also provides for award of the Bronze
Star Medal to each member of the Armed Forces of the United States who,
after        6 December 1941 has been cited in orders or awarded a
certificate for exemplary conduct in ground combat against an armed enemy
between 7 December 1941 and 2 September 1945.  The award of a Combat
Infantryman Badge is considered as a citation in orders.

13.  The Unit Citation and Campaign Participation Credit Register shows
that the 112th Infantry Regiment participated in five campaigns during
World War II, three prior to the FSM's hospitalization in November 1944 –
Normandy, Northern France, and the Rhineland.  That register also shows
that the 112th was awarded the Luxembourg Croix de Guerre for its actions
in September 1944.

14.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence to show that the FSM was wounded in
action.  While the Board does not dispute the statements made by the FSM
and a former comrade in 1994, there is no corroborating evidence to
substantiate that he was wounded in action.  Consequently, award of the
Purple Heart cannot be granted.

2.  The FSM was a combat infantryman who was honorably discharged from the
Army.  There is nothing to suggest that his service was other than
honorable.  He served his country faithfully and honorably.  He is entitled
to posthumous award of the Army Good Conduct Medal.

3.  By virtue of his award of the Combat Infantryman Badge, he is entitled
to award of the Bronze Star Medal.

4.  The evidence indicates that the FSM was assigned to the 112th until his
hospitalization in November 1944.  The 112th participated in three
campaigns prior to that time period.  The FSM should be credited with
participation in those campaigns.  Consequently, his record should reflect
award of the European-African-Middle Eastern Campaign Medal with three
bronze service stars (one for each campaign).

5.  By the same token, the FSM is entitled to award of the Luxembourg Croix
de Guerre.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WM__  ___EP __  ___JM __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by posthumous award of the Army Good Conduct Medal,
the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal
with three bronze service stars, and the Luxembourg Croix de Guerre.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                            _____ Walter Morrison________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106587                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050113                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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