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ARMY | BCMR | CY2006 | 20060001505C070205
Original file (20060001505C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 SEPTEMBER 2006
      DOCKET NUMBER:  AR20060001505


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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.

2.  The applicant states he did not receive the Purple Heart for his
injuries and does not know the reason.

3.  The applicant provides a copy of report of separation, a copy of his
separation qualification record, extracts from a publication by the 36th
Infantry Division Association, and a copy of his disability decision by the
Department of Veterans Affairs.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  A Certification of Military Service indicates the applicant served on
active duty as a member of the Army of the United States between 23 April
1943 and
3 November 1944.  He was released from active duty with an honorable
characterization of service.

3.  Files maintained by the Office of The Surgeon General, commonly
referred as the SGO files, confirm the applicant was wounded as a result of
hostile action on 14 January 1944 while the applicant was serving in Italy.
 There is no indication the applicant was ever awarded the Purple Heart.

4.  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:

Files maintain by the Office of The Surgeon General are sufficient to
confirm the applicant was wounded as a result of hostile action and as such
should be awarded the Purple Heart.  His records should be corrected
accordingly by the issuance of appropriate documents to confirm the award,
including an award order and certificate.

BOARD VOTE:

___LS  __  ___PS __  __AM ___  GRANT FULL 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.  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 wounds sustained on 14 January 1944 while
in Italy.




                                  _____ Linda Simmons________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001505                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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