RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050002260


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. 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, in effect, reconsideration of award of the
Purple Heart.

2.  The applicant states, in effect, that he never received the Purple
Heart for a wound he sustained to his left leg during his service in World
War II.  He states the award is a matter of pride to him, would allow him
closure on the issue, and something to leave his family.

3.  The applicant provides copies of clinical records from the 77th Station
Hospital in Europe, dated 21 August 1944 and 26 September 1944; a copy of
the reverse side of a form submitted to the Veterans Administration, which
indicates it was received on 17 December 1945; and a statement from the
Veterans of Foreign Wars in support of his case, dated 29 March 2005.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2001058719, on 27 September 2001.

2.  The applicant entered active duty on 20 February 1943.  He served
briefly in the Mediterranean Theater of Operations and in June 1944 was
transferred to the European Theater of Operations.

3.  The applicant returned to the United States in November 1945 and on
28 November 1945 was honorably discharged as a result of demobilization.
His WD AGO Form 53-55 (Enlisted Record and Report of Separation), which he
authenticated with his signature and thumb print, does not reflect
entitlement to the Purple Heart and Item 34 (Wounds Received in Action)
contains the entry "None".

4.  The applicant's previous request for award of the Purple Heart was
based on a gunshot wound to his left forearm as a result of hostile action.
 However, evidence of record indicates this wound was "incurred on 31 July
1944, in Northern France, while patient was showing Mausser pistol to
another soldier when he accidentally discharged it" and the Board denied
the applicant's request.


5.  The applicant's records are absent any evidence that he was wounded, or
received medical treatment for wounds, received as a result of hostile
action.

6.  The applicant provides no new documentary evidence in support of his
request.  However, he now refers to the entry in Item 34 (Remarks) on the
reverse side of the form received by the Veterans Administration on
17 December 1945, which contains the handwritten entry "Purple Heart,
5" SCAR LT ARM, 2" SCAR LT LEG" (emphasis added) and the printed entry
showing "Purple Heart Awarded:" on the clinical record he provides.  The
applicant also states that, "I am submitting the only documentation I have
from medical treatment back then that shows the awards noted twice and the
scar left leg" (emphasis added).

7.  The applicant also provides a statement from the VFW on his behalf
which summarizes the applicant's service, refers to previous requests by
the applicant concerning award of the Purple Heart, and indicates the
statement is to assist the applicant in the clarification and resolution of
the impropriety or inequity raised.

8.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been
made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because of a wound that he received to his left leg in 1944
while serving in Northern France during World War II.

2.  The applicant contends that the documentation he submitted shows that
he was awarded the Purple Heart and offers as evidence the handwritten
entry
(i.e., "Purple Heart") in Item 34 (Remarks) on the form submitted to the
Veterans Administration.  However, Item 34 shows this area of the form is
designated for the applicant to continue items (emphasis added).
Therefore, this entry does not constitute a determination concerning award
of the Purple Heart.

3.  The applicant also contends that the clinical record shows the award,
referring to the printed entry on the clinical record (i.e., "Purple Heart
Awarded:").  However, this is a pre-printed entry on the clinical record
form which requires a response and/or entry (e.g., No or Yes and Date), but
this item is absent a response and/or entry.
4.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE___  __JED__  ___JRM__  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 to amend the decision of
the ABCMR set forth in Docket Number AR2001058719, dated 27 September 2001.

2.  The Board further determined that the evidence presented for award of
the Purple Heart for a wound to the applicant's left leg 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.




                                  ____ LESTER ECHOLS_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002260                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451128                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Convenience of the Government           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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