RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2005
      DOCKET NUMBER:  AR20050006381


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Larry J. Olson                |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, his separation document (WD AGO Form
53-55) incorrectly contains the entry “None” in Item 34 (Wounds Received In
Action). He claims he received a shrapnel wound to the head while serving
in combat in the European Theater of Operations (ETO) during World War II.


3.  The applicant provides a statement from his daughter and a copy of his
WD AGO Form 53-55 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 13 September 1945, the date of his separation.  The
application submitted in this case is dated 17 April 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  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.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s separation document and a Certificate of Disability for
Discharge (WD AGO Form 40).

4.  The applicant’s WD AGO Form 53-55 shows that he enlisted in the Regular
Army and entered active duty on 18 October 1942.  He served in the ETO from
22 February 1944 through 19 December 1944, and he participated in the
Northern France and Normandy campaigns of World War II.

5.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-
55 shows that during his active duty tenure, he earned the European-African-
Middle Eastern Campaign Medal with 2 bronze service stars, Expert
Infantryman Badge, Army Good Conduct Medal, and Expert Qualification Badge
with Automatic Rifle Bar.  Item 34 (Wounds Received in Action) contains the
entry “None”.

6.  A Certificate of Disability for Discharge pertaining to the applicant
on file shows he was found unfit for military service based on
“Encephalopathy,
post-traumatic, secondary to head injury sustained 11 July 1944, in France
while in combat, manifested by headaches, dizziness and occasional syncope
with an EEG, consistent with above diagnosis”.

7.  On 13 September 1945, the applicant was honorably discharged with a
Certificate of Disability after completing 2 years, 10 months, and 25 days
of active military service.

8.  Army Medical Department Progress Notes (Form 55F), dated 26 January
1945, contains a history of the applicant’s illness.  It stated, in
pertinent part, that information taken from the 98th General Hospital, ETO
charts showed that on
11 July 1944, after about one month of combat, the applicant was wounded in
the head by shrapnel.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

10.  Paragraph 5-11 of the awards regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that was awarded to
members for service between 7 December 1941 and 31 December 1946, both
dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered
and found to have merit.  By regulation, in order to support award of the
PH, there must be evidence showing the wound for which the award is being
made was received as a direct result of, or caused by enemy action, there
must be evidence showing the wound required treatment by military medical
personnel, and a record of this treatment must have been made a matter of
official record.

2.  The evidence in this case include medical treatment records that
confirm the applicant received a shrapnel wound to the head in combat in
the ETO on
11 July 1944.  Further, the diagnosis used to support his disability
discharge confirmed that the onset of the psychological problems that
resulted in his separation was on 11 July 1944, when he received a shrapnel
wound to the head in combat action in the ETO.  As a result, the regulatory
burden of proof necessary to support award of the PH has been satisfied in
this case.

3.  The evidence also shows that based on his qualifying World War II
service, he is also entitled to the World War II Victory Medal.  Therefore,
it would also be appropriate to add this award to his record at this time.



BOARD VOTE:

___JS  __  __PHM__  __LJO   _  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding him the Purple Heart, for
being wounded in action in the ETO on 11 July 1944 and by amending Item 34
of his WD AGO Form 53-55 by deleting the current entry and replacing it
with the entry
“WIA, 11 July 1944, ETO”; by showing he is entitled to the World War II
Victory Medal; and by providing him a correction to his separation document
that includes these changes.




            ____John Slone     _____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006381                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/09/13                              |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |CDD                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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