RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 January 2006
      DOCKET NUMBER:  AR20050009002


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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, as the son and next of kin of a deceased former service
member (FSM), requests correction of his late father's WD AGO Form 53-55
(Enlisted Record and Report of Separation) to show award of the Purple
Heart and the Bronze Star Medal with "V" Device.

2.  The applicant states his father was awarded the Purple Heart in 1945,
that he has the medal, and that he wants it to be officially on record.  He
states the official Enlisted Record and Report of Separation/Honorable
Discharge recorded in New York records show the FSM received the Purple
Heart for wounds to his thigh and left leg.  He also points out that number
11 on a service medical record shows the FSM sustained a shrapnel wound to
his left thigh and that shrapnel is caused by an exploding shell or bomb
caused by enemy action.  He points out that number 41 on this medical
record states "in your opinion was wound injury, or disease incurred in
line of duty" and the answer was "yes."  He also contends that his father
was decorated with the Bronze Star Medal with "V" Device during World War
II and that he has the medal but it is not in the official records.

3.  The applicant provides two applications; a WD AGO Form 53-55 which
appears to be altered; a WD AGO Form 100 (Army Separation Qualification
Record); a letter, dated 20 April 2005, from the Military Awards Branch,
U.S. Army Human Resources Command; the FSM's death certificate; and his
mother's death certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of the FSM's records to show award
of the Bronze Star Medal with "V" Device.  There are no orders or other
evidence authorizing this decoration to the FSM.  In the absence of a
proper award authority for this decoration, the applicant may request award
of the Bronze Star Medal with "V" Device under the provisions of Section
1130 of Title 10, United States Code.  The applicant has been notified by
separate correspondence of the procedures for applying for this decoration
under Section 1130 and, as a result, they will not be discussed further in
this Record of Proceedings.

2.  The FSM’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 FSM’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.

3.  The FSM enlisted in the National Guard on 14 November 1939 and entered
active duty on 13 January 1941.  He served in the European Theater of
Operations from 16 April 1944 through 11 September 1945 and was honorably
discharged on 28 September 1945.

4.  The WD AGO Form 53-55 contained in the available records shows the Good
Conduct Medal, the European-African-Middle Eastern Campaign Medal and the
American Defense Service Medal as authorized awards.  Item 34 (Wounds
Received in Action) on his WD AGO Form 53-55 shows the entry, “None.”


5.  The WD AGO Form 53-55 provided by the applicant appears to be altered.
This form shows the Good Conduct Medal, the European-African-Middle Eastern
Campaign Medal, the American Defense Service Medal, the Purple Heart, the
"Bronze Star for Valor," "the German Occupation Medal," and the World War
II Victory Medal as authorized awards.  The entry, "None" in item 34 was
crossed out and the entry, "Thigh, left leg." was entered.

6.  There are no orders for the Purple Heart in the available records.

7.  Item 11 (List all significant diseases, wounds, and injuries) on the
FSM’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel
Prior to Discharge, Release from Active Duty or Retirement), dated 28
September 1945, shows the entries, "shrapnel, left thigh" and "July, 1944,
Aid Man, France, First Aid only."  There is no evidence that this injury
was the result of hostile action.

8.  Item 41 (In your opinion was wound, injury or disease incurred in line
of duty) on the FSM's WD AGO Form 38 shows the entry, "yes."

9.  The FSM died on 2 November 1980.

10.  A DD Form 215 (Correction to DD Form 214), dated 2 December 2003,
amended the FSM's WD AGO Form 53-55 to show the Army Good Conduct Medal
(Second Award), the American Campaign Medal, the Army of Occupation Medal
with Germany Clasp, and the Presidential Unit Emblem.

11.  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, and the medical treatment must have been made a matter of
official record.



DISCUSSION AND CONCLUSIONS:

1.  The WD AGO Form 53-55 provided by the applicant shows the Purple Heart
as an authorized award.  The WD AGO Form 53-55 contained in the FSM’s
service personnel records does not show the Purple Heart as an authorized
award.  It appears that the WD AGO Form 53-55 provided by the applicant was
altered subsequent to its issuance on 28 September 1945.

2.  There is no evidence in the available records which shows that the FSM
was wounded or injured a result of hostile action during World War II.  The
FSM's WD AGO Form 38 does not show that the shrapnel injury was incurred as
a result of hostile action.  The entry on the WD AGO Form 38 indicating the
FSM's shrapnel injury was incurred in the line of duty does not necessarily
mean this injury was caused by enemy action.  It only means the injury was
not the result of misconduct.  The injury could have been the result of an
accident (e.g. a defective grenade exploding while not in a combat
situation).  Regrettably, there is insufficient evidence on which to base
award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

SP_____  __CD___   KJ_____  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.



            __Shirley Powell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050009002                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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