RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2007
      DOCKET NUMBER:  AR20070000366


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, acting on behalf of her father, the brother and next of
kin of a deceased former servicemember (FSM), requests that the FSM be
awarded a second Purple Heart.

2.  The applicant states the FSM was injured and hospitalized in April
1945, prior to his death in action in June 1945.  Recently they came across
original letters that make reference to his April 1945 injury.

3.  The applicant provides written permission, dated 26 December 2006, from
 her father to act on his behalf; a copy of her notification of birth
registration; a copy of her father’s birth certificate; a copy of an
affidavit to amend the FSM’s birth certificate; three letters from the FSM,
dated 19 April 1945, 15 May 1945, and 20 May 1945; three letters, dated 30
November 2004, 11 May 2005, and     16 July 2005, from the applicant to the
Office of the Chief of Public Affairs; a copy of an envelope, postmarked 13
July 1945, addressed to the FSM’s mother with   a copy of a sympathy note
from the Army Chief of Staff; and a copy of an envelope, postmarked 20
August 1945, addressed to the FSM’s mother with a copy of a letter from the
Secretary of War.

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, to include his
service medical records, for the Board to conduct a fair and impartial
review of this case.

2.  The FSM was assigned to the Pacific Theater of Operations on an unknown
date.

3.  In a letter home dated 19 April 1945, the FSM stated in part, “…just
before that dam (sic) cave fell in on me.  It hurt my knee a little so they
sent me too (sic) the Hosp.  It was a Jap artillery shell that hit above my
hole…”  In a letter home dated 20 May 1945, the FSM stated in part, “…I’m
not in the Hosp anymore and my knees (sic) alright

4.  On 9 June 1945, the FSM received a penetrating wound to his brain and
thorax from an artillery shell fragment.  He died on 12 June 1945.

5.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is
awarded to any member of an Armed Force who has been wounded or killed in
any action against an enemy of the United States.  The wound must have
required treatment by a medical officer and records of medical treatment
for wounds or injuries received in action must have been made a matter of
official record.  When contemplating an award of the Purple Heart, the key
issue commanders must take into consideration is the degree to which the
enemy caused the injury.  The fact the proposed recipient was participating
in direct or indirect combat operations is a necessary prerequisite, but is
not sole justification for award.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that when the FSM wrote home in April 1945 he
appeared to be implying that the detonation of a Japanese artillery shell
caused the cave in [of his foxhole or trench] that caused his knee to be
injured.

2.   It appears the FSM was in the hospital for a while, where there would
have been time for him to be put in for award of the Purple Heart had a
determination been made that he met the eligibility criteria.

3.  When contemplating award of the Purple Heart, the key issue commanders
(to include medical facility commanders) which must take into consideration
is the degree to which the enemy caused the injury.  At this point in time,
it cannot be determined if the FSM’s commander made a considered decision
that the enemy caused the FSM’s April 1945 injury to an insufficient a
degree to warrant award of the Purple Heart.  The commander could have
determined that faulty construction of the foxhole or trench, or a weather-
weakened condition of the foxhole or trench, was the primary cause of its
collapse.

4.  Regrettably, at this point in time there is insufficient evidence that
would warrant granting the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __rdg___  __rch___  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.




                                  Margaret K. Patterson_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000366                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070614                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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