RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 AUGUST 2006
      DOCKET NUMBER:  AR20050017037


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine Taylor                |     |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 (4th Oak Leaf
Cluster).

2.  The applicant states that the Purple Heart (1st Oak Leaf Cluster) was
not applied for because of the current battlefield conditions at the time.
Therefore, his records should read Purple Heart (4th Oak Leaf Cluster).
Additionally, the applicant maintains that the injury occurred in early
1943 while assigned to the 26th Infantry Regiment, 1st Infantry Division.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), DD Form 215 (Correction to
DD Form 214), Western Union Telegram, and a Letter from Human Resources
Command (HRC).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army on
            22 November 1940.  He had a break in service and reenlisted on
8 April 1947.   Through a series of reenlistments, the applicant was
credited with 24 years,        1 month and 17 days of active service and
was retired on 31 July 1966.

2.  A Western Union Telegram, dated November 1942, notified the applicant’s
mother that her son was seriously wounded in action on “8 November.”

3.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of
Separation) from 22 November 1940 to 25 September 1945, shows that he was
awarded the Purple Heart.  General Orders Number 31 awarded the applicant
the Purple Heart for wounds sustained on 8 November 1942.  AGO Form
24 (Service Record) contains the entry “Purple Heart presented to Soldier
on
27 November 1942.”

4.  General Orders Number 43, dated 16 December 1950, awarded the applicant
the Purple Heart for wounds received in action near Simuiju, Korea, on
19 November 1950.

5.  Letter Orders dated 15 July 1958 amended General Orders Number 43 to
read “award of the 1st Oak Leaf Cluster” to the Purple Heart.  This Letter
Orders also awarded the applicant the Purple Heart (2nd Oak Leaf Cluster)
for wounds received in action on 16 September 1950 and the Purple Heart
(3rd Oak Leaf Cluster) for wounds received in action on 2 December 1950.

6.  DD Form 215, dated 13 February 2002, corrected the applicant’s DD Form
214, dated 29 January 1965 to 31 July 1966.  The correction added the
Purple Heart (3rd Oak Leaf Clusters).

7.  Letter dated 13 September 2005, verifies that the Chief, Military
Awards Branch, HRC, reviewed the Surgeon General’s hospital admission
listings for Word War II and found one entry for 1943 when the applicant
was treated for psychoneurosis/hysteria.  The Chief, Military Awards
Branch, said without evidence that the applicant was treated for wounds
received as a result of enemy action or his injuries were made a matter of
official records, an additional award of the Purple Heart cannot be
authorized.  The Chief, Military Awards Branch, advised the applicant,
through his Congressional Representative, to contact the National Personnel
Center with all pertinent information to obtain daily unit morning reports,
if available, to substantiate his wounding.

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.  This regulation also states that there
is no time limit on requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

The evidence available verifies the applicant’s entitlement to the Purple
Heart (3rd Oak Leaf Clusters).  However, the Chief of the Military Awards
Branch reviewed the Surgeon General’s hospital admission listings during
1943 for Word War II, and found no evidence that the applicant was treated
for wounds received as a result of enemy action or that his injuries were
made a matter of official records.  Therefore, in the absence of medical
records supporting the applicant's contention, there is an insufficient
basis for an additional award of the Purple Heart in this case.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___CG __  __JG ___  __PT____  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.





                                  _____Curtis Greenway________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017037                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|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.                      |                                        |


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