RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          25 January 2005
      DOCKET NUMBER:  AR2004107002


      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. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderhom             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 (spouse of the former service member) requests, in
effect, that the former service member's (FSM's) record be corrected to
show award of the Purple Heart (PH).

2.  The applicant states, in effect, that the FSM was wounded in 1944 in
Italy during the battle of Monte Cassino.  He was hospitalized in the
United States and he received partial veterans disability pay until his
death in 1970.

3.  The applicant provides in support of her request a copy of the FSM's:

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

      b.  Certificate of Death, from the New York State Department of
Health Bureau of Vital Records that shows the FSM died on 31 December 1970.
 The applicant's name is shown on the death certificate as the "informant."


4.  The applicant also provides a newspaper article, undated, and from an
unknown source.  The newspaper article indicates the FSM arrived in Newport
News, Virginia on the troop ship Santa Maria among wounded service members
and he stated "it was wonderful to be back in the States after 12 months."
The date of the arrival is not stated.  The article also does not give any
details concerning the FSM being injured.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein is
limited to a partially reconstructed record.

2.  The FSM was inducted into the Army of the United States on 31 October
1942 and he entered active service on 14 November 1942.  He was trained in
military occupational specialty (MOS) 405, Clerk Typist.  He served in the
European Theater of Operations from 19 March 1943 to 23 July 1944.

3.  The FSM's WD AGO Form 53-55 shows that on 3 November 1945, he was
honorably separated and he participated in three campaigns (Rome Arno,
Tunisia and Naples Foggia).  He was awarded the Good Conduct Medal,
American Campaign Service Medal, European-African-Middle Eastern Campaign
Medal with three bronze service stars and the World War II (WWII) honorable
service lapel button.

4.  The FSM's WD AGO Form 53-55, Item 34 (Wounds Received in Action) shows
"None."

5.  World War II hospital admission data maintained by the Army Surgeon
General's Office does not show the FSM was wounded.

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the Good Conduct Medal, 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:

      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 WWII Victory Medal is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, the applicant would have to show the
FSM 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.

2.  There is nothing in the FSM's record to support that he was wounded in
action, nor does his name appear on World War II hospital admission data
maintained by the Army Surgeon General's Office.

3.  The FSM's WD AGO Form 53-55 issued on 3 November 1945 should be
corrected to show he is authorized award of the WWII Victory Medal.

4.  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

__kan___  __jea___  __lmd___  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 FSM concerned.

2.  The Board determined that administrative error in the records of the
FSM should be corrected.  Therefore, the Board requests that the CMSD-St.
Louis administratively correct the records of the FSM concerned to show
award of the WWII Victory Medal.



                 Kathleen A. Newman
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004107002                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050125                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0059                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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