RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 OCTOBER 2006
      DOCKET NUMBER:  AR20060002430


      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:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |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 requests, in effect, award of the Purple Heart.  He also
requests that his separation document be corrected to show that he served
as a member of the occupation forces in Berlin and that item 27 (wounds
received as a result of action with enemy forces) be corrected to show that
he was wounded by unknown assailants.

2.  The applicant states he was serving as a member of the occupation
forces in Berlin and wounded by unknown assailants but his records do not
reveal that information.  He states it was brought to his attention years
ago regarding the information in item 27 on his separation document.

3.  He states he departed Berlin 11 days after being released from the
hospital and when he attempted to secure copies of the police report he was
told all records of investigations are destroyed after 40 years.  He notes
he was not aware at the time that he qualified for an award of the Purple
Heart.

4.  The applicant provides a copy of his 1957 separation document, copies
of two 1957 medical treatment forms, a document titled "Attacks on American
Troops in Postwar Germany" and documents noting investigation reports are
destroyed after 40 years.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s Army 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 Army records may have been 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.  The applicant's separation document notes he served on active duty as
an enlisted member of the Army between 20 August 1954 and 7 August 1957.
The separation document notes that he served approximately 30 months
overseas and was assigned to the 6th Infantry Regiment at the time of his
separation.  His separation document notes he was released from active duty
as an "overseas returnee".

3.  The two medical documents, provided by the applicant, indicate that on
2 July 1957 the applicant was "allegedly" attacked by unknown assailants on
his way to his company area from the enlisted club at McNair Barracks.  He
suffered a mild concussion and fractured cheek bone.  He was returned to
duty on 12 July 1957.

4.  Information from the Center of Military History confirmed that McNair
Barracks was located in Berlin and maintained as part of the Army's forces
in Berlin until 1994.  They also confirmed that the 6th Infantry Regiment
was located in Berlin between 1950 and 1958.

5.  The applicant's 1957 separation document notes he was awarded the Army
of Occupation Medal for Germany.  It also contains the entry "NA" in item
27 on that document.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

7.  Information from the Center of Military History notes that German
forces in Italy signed an unconditional surrender at Caserta, Italy, on 29
April 1945 which was effective on 2 May 1945.  On 7 May 1945 the German
High Command surrendered all land, sea, and air forces unconditionally to
Allied forces, effective 9 May 1945, and all offensive operations were
stopped.  The President proclaimed “V-E” (Victory in Europe) on 8 May 1945.

8.  Army Regulation 600-8-22 states also that the Purple Heart was not
awarded as a result of international terrorist attacks against the United
States or a foreign nation friendly to the United States until after March
1973 and then only when such an attack was recognized by the Secretary of
the Army, or jointly by the Secretaries of the separate armed services
concerned.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army of Occupation Medal is awarded for service of thirty
consecutive days at a normal post of duty in a qualifying location.  U.S.
forces serving in Berlin between 9 May 1945 and 2 October 1990 were
authorized the Army of Occupation Medal.






10.  Army Regulation 635-5, which established the policies and procedures
for the preparation and distribution of separation documents, noted, during
the period in question, that item 27 would reflect wounds received during
the period covered by the separation document, which were the result of
enemy action.  There were also no provisions, during the period in
question, for specifying the location of ones overseas service on the
separation document

11.  The document titled "Attacks on American Troops in Postwar Germany",
which the applicant provided in support of his application, details attacks
on American troops between 9 May 1945 and 31 December 1948.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence does confirm the applicant sustained injuries while
assigned to the 6th Infantry Regiment in Berlin, it would have been
following the cessation of hostilities in Europe and as such would not have
entitled him to an award of the Purple Heart even if it were established
that the individuals who assaulted him might have been "former" enemies of
the United States.

2.  The applicant's service in Berlin is reflected by entitlement to the
Army of Occupation Medal.  There are no provisions for specifically
identifying service as a member of the occupation forces in Berlin.  The
absence of such information creates no error or injustice which requires
action by the Board.

3.  The applicant was not wounded as a result of enemy action and as such
his injuries would not be recorded in item 27 on his separation document.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JI  ____  ___GP      ____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.





                                  ______John Infante________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002430                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|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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