RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050005134


      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 Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 son of a World War II former service member (FSM),
requests, in effect, that his father be awarded the Purple Heart.

2.  The applicant made no statement other than what is reflected above.

3.  The applicant provides, a copy of his father's WD AGO Form 53-55,
Enlisted Record and Report of Separation; a copy of his father's Honorable
Discharge Certificate; a copy of Special Orders Number 209, Headquarters
AAF [Army-Air Forces] Regional and Convalescent Hospital, Miami District,
Miami Beach, Florida, dated 28 July 1945; a copy of his father's death
certificate; a copy of his birth certificate to establish "proper
interest;" and, five pages of information downloaded from the internet
pertinent to the Purple Heart; in support of his 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 was inducted into the Army
of the United States on 16 September 1943.  The FSM entered service at
Louisville, Kentucky, on 7 October 1943.  The FSM's WD AGO Form 53-55 shows
he served in the military occupational specialty (MOS) 605, Heavy Machine
Gunner, before he was honorably discharged, under the provisions of Army
Regulation (AR) 615-361, in the grade of Corporal, for the convenience of
the Government, at demobilization.

3.  Item 6 (Organization), of the FSM's WD AGO Form 53-55, shows he served
with Company M, 302nd Infantry Regiment.

4.  Item 31 (Military Qualification and Date), of the FSM's WD AGO Form 53-
55, shows the FSM was awarded the Combat Infantryman Badge on 8 May 1945.

5.  Item 32 (Battles and Campaign), of the FSM's WD AGO Form 53-55, shows
he participated in the Northern France, Rhineland, and Ardennes campaigns
of World War II.
6.  Item 33 (Decorations and Citations), of the FSM's WD AGO Form 53-55,
shows he was awarded the European-African-Middle Eastern Service Medal
[correctly known as the European-African-Middle Eastern Campaign Medal].
No other awards are shown in this item.

7.  Item 34 (Wounds Received in Action), of the FSM's WD AGO Form 53-55, is
blank.

8.  Item 37 (Total Length of Service), of the FSM's WD AGO Form 53-55,
shows that the FSM served an aggregate period of 1 year, 9 month, and 17
days, in the American Theater between 7 October 1943 and 4 August 1944 and
6 May 1945 and 3 October 1945.  The American Campaign Medal is not shown in
Item 33 of the FSM's WD AGO Form 53-55.

9.  Special Orders Number 209, prepared by Headquarters, AAF Regional and
Convalescent Hospital, Miami District, on 28 July 1945, show the FSM
completed treatment and was released from the detachment of patients for
reassignment on 31 July 1945.

10.  Item 55 (Remarks), of the FSM's WD AGO Form 53-55, shows he was a
prisoner of war in Germany from 21 January 1945 through 2 April 1945.  The
World War II Prisoners of War Data File maintained by the National Archives
and Records Administration shows the FSM was held a prisoner of war at
Limburg An Der Lahn Hessen-Nassau, Prussia in Stalag 12A or 9B.

11.  W.D.M.D. (War Department/Medical Department) Form 8-24, Medical
Admission, Diagnoses and Disposition Form, dated 10 July 1945, shows the
FSM was admitted to the AAF Regional and Convalescent Hospital for
evaluation and treatment of post-starvation, leg edema, and parasthesia.

12.  In July 1945, when admitted to the hospital in Miami for treatment,
the FSM was given an intensive physical examination.  At the time, the FSM
had edema and was experiencing pain and tenderness in the lower third of
his left tibia and in the left ankle.  Examination revealed that the FSM
had fractured his right ankle 18 years before in a fall and had a history
of edema, particularly in the left ankle. The results of the physical
examination were recorded on WD AGO Form 8-33, Form 55 D (Initial Summary,
Working Diagnosis, Contemplated Laboratory Tests, and Consultations).

13.  On 2 October 1945, the FSM was given a separation physical
examination.  Item 11 of the WD AGO Form 38, Report of Physical Examination
of Enlisted
Personnel Prior to Discharge, Release from Active Duty or Retirement, shows
the entry, "No Wounds, injuries or disease."

14.  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.

15.  AR 600-8-22 also provides, in pertinent part, that the Bronze Star
Medal is awarded for heroism and for meritorious achievement or service in
military operations against an armed enemy.  The Bronze Star Medal is
authorized for each individual who was cited in orders or awarded a
certificate for exemplary conduct in ground combat between 7 December 1941
and 2 September 1945 or whose achievement or service, during that period,
was confirmed by documents executed prior to 1 July 1947.  An award of the
Combat Infantryman Badge or the Combat Medical Badge is considered to be a
citation in orders.  This means, in effect, that the Bronze Star Medal is
to be awarded to individuals who were authorized either badge for service
during World War II.

16.  AR 600-8-22 provides, in pertinent part, for award of the POW Medal.
The regulation states that the POW Medal was authorized on 8 November 1985
and is awarded to individuals who in past armed conflicts were taken
prisoner or held captive.

17.  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.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service includes permanent assignment outside the continental
United States, duty as a crewmember aboard a vessel sailing ocean waters
for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

19.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
European-African-Middle Eastern Campaign Medal, for qualifying service in
the European-African-Middle Eastern Theater of Operations, for the period
7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also
authorizes a bronze service star, based on qualifying service, for each
campaign listed in Appendix B of this regulation or listed in item 32
(Battles and Campaigns) of the WD AGO Form 53-55.  The regulation states
that authorized bronze service stars will be worn on the appropriate
campaign or service medal including the European-African-Middle Eastern
Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence upon which to base award of the Purple
Heart to the FSM.  The available evidence shows that the FSM was held
prisoner by German forces during World War II and required
hospitalization and treatment for starvation, edema, and parasthesia
following his repatriation.  There were no entries or evidence in the
available medical records to show the FSM sustained wounds as a result of
enemy activity.  The FSM underwent two physical examinations after his
release from captivity.  He was examined when he was admitted to the
hospital and when he was given a separation physical examination.
Neither physical examination developed evidence of nor information
related to wounds incurred as a result of enemy activity.

2.  The FSM was a prisoner of the German forces in Prussia from 21 January
1945 through 2 April 1945.

3.  The FSM was awarded the Combat Infantryman Badge.  The FSM is therefore
entitled to award of the Bronze Star Medal based on the special provisions
of the awards regulation that considered award of the Combat Infantryman
Badge to be a citation in orders.

4.  The FSM's WD AGO Form 53-55 shows entitlement to the European-African-
Middle Eastern Campaign Medal; however, it does not show the bronze service
stars to which the FSM is entitled for his campaign participation.  The FSM
participated in three campaigns of World War II.  He is therefore entitled
to award of three bronze service stars to be affixed to his European-
African-Middle Eastern Campaign Medal and to be shown on his WD AGO Form 53-
55.

5.  The FSM served on active duty from 7  October  1943  through  3  October
1945. He is therefore entitled to award of the World War  II  Victory  Medal
and to have it added to his separation document.
6.  The FSM served in the American Theater for an aggregate period of over
one year.  He is therefore entitled to award of the American Campaign Medal
and to have it added to his WD AGO Form 53-55.

7.  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

_MJF____  _LGH___  _JS_____  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:

      a.  deleting the European-African-Middle Eastern Service Medal from
the FSM's WD AGO Form 53-55;

      b.  awarding the FSM the European-African-Middle Eastern Campaign
Medal, with three bronze service stars, and adding this award to his WD AGO
Form 53-55;
      c.  awarding the FSM the Bronze Star Medal based on his having been
awarded the Combat Infantryman Badge during World War II and adding this
award to his WD AGO Form 53-55; and

      d.  awarding the FSM the Prisoner of War Medal, the World War II
Victory Medal and the American Campaign Medal and, adding these awards to
the FSM's WD AGO Form 53-55.




                                  _____John Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015 Purple Heart                   |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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