RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 September 2005
	DOCKET NUMBER:  AR20050001361 


	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. Luis Almodova

Senior Analyst

The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Mr. Eric N. Andersen

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, the daughter of a World War II former service member (FSM), requests, in effect, that her father be awarded the Purple Heart.

2.  The applicant states, in effect, that her father, the FSM, often talked about shrapnel in his leg and knee.  She saw the large scar and knew how much it hurt him.  Her father was given a 30 percent service-connected disability on 11 July 1947 for his right leg and knee.

3.  The applicant provides, a copy of her father's and mother's marriage certificate; a copy of her father's death certificate; a copy of a certificate appointing her father to the rank of Technician, 4th Grade, on 1 May 1942; a copy of her father's WD AGO Form 53-55, Honorable Discharge; and a copy of three letters addressed to the FSM from the Department of Veterans Affairs (VA) dated 28 August 1947, 20 February 1946, and 30 August 1949, respectively, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records and information obtained from alternate sources.

2.  Records available to the Board show the FSM enlisted in the Army of the United States on 29 September 1939 and he entered service at Bristol, Virginia, on the same date.  The FSM's WD AGO Form 53-55 shows that he served in the military occupational specialty (MOS) 913, Truck Driver, during World War II, before he was honorably discharged in the grade of Technician, 4th Grade, under the provisions of Army Regulation (AR) 615-365, at demobilization.

3.  Item 33 (Decorations and Citations), of the FSM's WD AGO Form 53-55, shows that the FSM was awarded the American Theater Ribbon, the American Defense Service Ribbon, and the Good Conduct Medal.  The Purple Heart is not shown.

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

5.  Item 36 (Service Outside Continental U.S. and Return), of the FSM's WD AGO Form 53-55, shows that the applicant performed no service outside the Continental United States.  Item 37 (Total Length of Service / Foreign Service), of this same form, shows 0 years, 0 months, and 0 days, foreign service.

6.  A partial copy of a Form 98, dated November 1945, which was completed at Percy Jones Hospital Center, which appears to be a form normally completed in conjunction with a separation physical examination contains an entry, "Injury, fracture, rt Tibia, 24 Sept 43."  The injury apparently occurred at Camp McCoy, Wisconsin. 

7.  AR 600-8-22 provides, in pertinent part, 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

8.  AR 600-8-22 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.

9.  After her father's discharge from the Army, he was given a 30 percent 
service-connected disability on 11 July 1947 for a condition of his right leg and knee.  The correspondence addressed to the FSM does not reveal the facts and the circumstance which served as the foundation for the VA's decision.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the FSM did not serve outside the Continental United States while he served in World War II.

2.  There is no evidence that the FSM was wounded in action against a hostile enemy.

3.  It appears, from the available evidence that, the FSM was injured at Camp McCoy while undergoing training.

4.  The FSM was awarded a 30 percent service-connected disability; however, the fact and circumstances that served as the foundation for the VA's benefits decision was not revealed in the correspondence that was submitted to the Board.
5.  The FSM served honorably in the Army of the United States from 29 September 1939 through 10 November 1945.  He is therefore entitled to award of the World War II Victory Medal and to have it added to his separation document.

6.  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

___cak__  ___ena __  ___jns___  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 by adding the World War II Victory Medal to the FSM's WD AGO Form 53-55. 




__________John N. Slone______
          CHAIRPERSON




INDEX

CASE ID
AR20050001361
SUFFIX

RECON

DATE BOARDED
20050915
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.46
107.0000
2. 61
107.0015
3.

4.

5.

6.