RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 OCTOBER 2005
	DOCKET NUMBER:  AR20050001844 


	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. Deborah L. Brantley

Senior Analyst


The following members, a quorum, were present:


Ms. Barbara Ellis

Chairperson

Mr. Hubert Fry

Member

Mr. Robert Rogers

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 award of the Purple Heart.

2.  The applicant states he sustained a head wound due to hostile action in Germany during World War II and has been receiving disability compensation from the Department of Veterans Affairs for the wound since his discharge in 1945.  He states that he feels it is appropriate that he be awarded the Purple Heart for this wound.

3.  The applicant relates that on an early December morning in 1944 he and another Soldier were entering their duty station when enemy artillery shells instantaneously started to fall all about the area sending shrapnel fragments in all directions.  He states that during this artillery barrage he was wounded between his eyes at the bridge of his nose, with profuse bleeding.  He states the other Soldier was not hit and that he sought help from the nearest medical aid center.  He notes at the time his only thought was of staying alive.

4.  The applicant notes that he was granted a 10 percent disability rating by the Department of Veterans Affairs in November 1945 for scars on the upper part of his nose and forehead, which he states is consistent with his description of the wound.  He notes he first attempted to secure an award of the Purple Heart in 1988 but was told that a fire had probably destroyed all of the medical files from his infantry division.

5.  In addition to his own statements, the applicant submits a copy of his separation document, a copy of his 1945 disability compensation, a copy of his 1988 request for award of the Purple Heart and the recent response from the National Personnel Records Center, and a copy of a 1945 letter of introduction from his former commander attesting to the applicant's dependability and good character.

CONSIDERATION OF EVIDENCE:

1.  The applicant’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 applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.


2.  The applicant's separation document indicates that he entered active duty on 24 November 1942 and arrived in the European Theater of Operations in September 1944.  He returned to the United States in July 1945 and was honorably discharged on 28 November 1945.  His separation document notes he performed duties as a military policeman and had been assigned to the military police platoon of the 104th Infantry Division.

3.  There were no service medical records available to the Board or provided by the applicant.  Item 34 (wounds received in action) on his separation document reflects "NONE."  The applicant authenticated the accuracy of information contained on the separation document by his signature and thumb print.

4.  The award of disability compensation or pension by the Department of Veterans Affairs notes the applicant was awarded a pension amounting to $11.50 effective 29 November 1945 for "scar, upper part of nose & forehead."  The document only notes that the conditions was "held to have been incurred or aggravated during your wartime service" but does not specify the source of the scar or confirm that the scar resulted from a wound incurred as a result of hostile action during World War II.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may be receiving disability compensation from the Department of Veterans Affairs, the document provided by the applicant does not confirm that the scar on which his compensation is based was the result of a wound incurred as a result of hostile action during World War II.

2.  There is no medical evidence, and the applicant has not provided any, which can substantiate that he was wounded as a result of hostile action, or treated by a medical officer.  Unfortunately, in the absence of such medical evidence the applicant's statement and the Department of Veterans Affairs rating document for a scar is not sufficient evidence on which to base an award of the Purple Heart. 


3.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__BE ___  __HF  ___  ___RR __  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 for correction of the records of the individual concerned.





______Barbara Ellis________
          CHAIRPERSON




INDEX

CASE ID
AR20050001844
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051019
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.