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ARMY | BCMR | CY2006 | 20060007751C070205
Original file (20060007751C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060007751


      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:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 of a deceased former service member (FSM),
requests that his late father’s WD AGO Form 53-55 (Enlisted Record and
Report of Separation) be corrected to show award of the Purple Heart.

2.  The applicant states that the FSM was in a fox hole in France and was
shot in the arm and taken to the 44th Evacuation Hospital.  He also
contends that his late father was in the 5th General Hospital in Paris,
France.

3.  The applicant provides his birth certificate; the FSM’s death
certificate; a VA Form 40-1330 (Application for Standard Government
Headstone or Marker); a Worksheet for Supplying Information Regarding
Treatment Received; and a WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  The FSM was inducted on 3 January 1944 and entered active duty on
24 January 1944.  He served in the European Theater of Operations from
21 July 1944 through 6 January 1945 and was honorably discharged on
19 May 1945.

3.  Item 32 (Battles and Campaigns) on the FSM’s WD AGO Form 53-55 shows he
participated in two battles and campaigns.  His WD AGO Form 53-55 shows the
European-African-Middle Eastern Campaign Medal as an authorized award.
Item 34 (Wounds Received in Action) on his WD AGO shows the entry, “None.”
His WD AGO Form 53-55 also shows he received the Combat Infantryman Badge.


4.  There is no evidence in the available records that shows the FSM was
awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

5.  In support of his claim, the applicant provided a Worksheet for
Supplying Information Regarding Treatment Received.  This worksheet
provides typed “Sample” entries for use when filling out the worksheet.
One typed entry states, in pertinent part, “44th Evacuation Hospital France
11/44 Arm Wound.”  The applicant highlighted this section of the worksheet.

6.  In a section provided for entries on the worksheet, handwritten entries
state “Field Hospital France 10/28/44 Defective Hearing” and “ASF
Convalescent Hospital Camp Upton, Long Island, NY 1/29/45.”  The Office of
The Surgeon General Hospital List shows the FSM was hospitalized in the
Middle East on
28 October 1944 for deafness and psychoneurosis.  The Office of The Surgeon
General Hospital List also states the final treatment facility was a
convalescent facility.

7.  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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is authorized for each individual who was cited in orders or awarded
a certificate for exemplary conduct in ground combat between 7 December
1941 and 2 September 1945 or whose achievement or service, during that
period, was confirmed by documents executed prior to 1 July 1947.  An award
of the Combat Infantryman Badge or the Combat Medical Badge is considered
to be a citation in orders.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.

9.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 of the WD AGO Form 53-55.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the FSM was shot in the arm and taken
to the 44th Evacuation Hospital was noted.  However, it appears the
highlighted section on the worksheet provided by the applicant in support
of his claim was a “Sample” entry for use when filling out the worksheet.
There is no evidence in the available records which shows that the FSM was
wounded or injured as a result of hostile action during World War II.
Regrettably, there is insufficient evidence on which to amend the FSM’s WD
AGO Form 53-55 to show award of the Purple Heart.

2.  Based on award of the Combat Infantryman Badge, the FSM is entitled to
award of the Bronze Star Medal.

3.  The FSM participated in two campaigns in the European Theater of
Operations which entitles him to the European-African-Middle Eastern
Campaign Medal with two bronze service stars.

4.  The FSM served a period of qualifying service for award of the World
War II Victory Medal.

5.  Evidence shows that the FSM’s records contain administrative errors
which do not require action by the Board.  Therefore, administrative
correction of the FSM’s records will be accomplished by the Case Management
Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in
paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA_____  _JP_____  _SF_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the Bronze Star Medal
(based on award of the Combat Infantryman Badge), two bronze service stars
for wear on his already awarded European-African-Middle Eastern Campaign
Medal, and the World War II Victory Medal.





                                  __James Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007751                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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