RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20070003616


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, that her deceased husband, a former
service member (FSM), be awarded the Purple Heart (PH).

2.  The applicant states, in effect, that her husband was wounded in action
in the South Pacific during World War II.  She states that he had a scar on
his back from shrapnel and was also wounded in the legs.  She states the
FSM's discharge did not indicate he was wounded in the service and he was
not awarded the PH for his wounds.  She requests his record be corrected
and that he be awarded the PH posthumously.

3.  The applicant provides a County Discharge Record and Department of
Veterans Affairs Claim Number in support of the application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  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 (NPRC) 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.  This case is being
considered using reconstructed records, which primarily consist of the
Discharge Record provided by the applicant and an Office of The Surgeon
General (OTSG) Hospital Admission Record contained in the FSM's NPRC file.


3.  The FSM's Discharge Record shows he was inducted into the Army and
entered active duty on 12 April 1942.  He continuously served on active
duty until being honorably discharged on 27 February 1945, in the rank of
private first class, after completing 2 years, 10 months, and 16 days of
active military service. It also shows that he served in the Pacific
Theater of Operations (PTO) from
26 October 1942 through 26 January 1944, and that he participated in the
Northern Solomons campaign of World War II.

4.  The Discharge Record also shows that during his active duty tenure, the
FSM earned the Asiatic-Pacific Campaign Medal with 1 bronze service star
and the Combat Infantryman Badge.  The "Wounds Received in Service" item
contains the entry "None."  The Discharge Record shows the applicant
authenticated the separation document with his signature on the date of his
separation.

5.  There are no orders or other documents in the FSM's reconstructed NPRC
file that show he was ever recommended for or awarded the PH by proper
authority, or that he was ever treated for a combat-related wound by
military medical personnel while he was serving on active duty.

6.  The FSM was separated with a Certificate of Disability and while the
reason for his disability is not listed on the Discharge Record, the NPRC
file does contain OTSG Hospital Admission Records that show he was admitted
to a medical treatment facility in the Soloman Islands in October 1943 and
was diagnosed and treated for herniation nucleus pulposus, paralysis nerve,
other & unspecified, popliteal nerve external/common peroneal nerve and
malara, falciparum.  This report further indicates the applicant's
conditions were categorized as disease and that he had no history of prior
disease, injury or battle casualty.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action, that the wound required
treatment by military medical personnel, and a record of this treatment
must have been made a matter of official record.  Paragraph 2-8h contains
examples of injuries or wounds which clearly do not justify award of the
PH.  This list includes battle fatigue, disease not directly caused by
enemy agents, and post traumatic stress disorders.

8.  Paragraph 3-13 of the awards regulation outlines the criteria for award
of the Bronze Star Medal (BSM).  Paragraph 3-13d (2) states, in effect,
that the BSM is authorized to members of the Armed Forces of the United
States who, after
6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.

9.  Paragraph 5-12 of the awards regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that it is awarded for
service between 7 December 1941 and 31 December 1946, both dates inclusive.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the FSM was wounded in action during World
War II was carefully considered.  However, by regulation, in order to
support award of the PH, there must be evidence that the wound or injury
for which the award is being made was received as a result of enemy action,
that the wound required treatment by military medical personnel, and a
record of this medical treatment must have been made a matter of official
record.

2.  The OTSG Hospital Record on file confirms the FSM suffered from and was
treated for medical conditions that were categorized as disease.  This
report also indicates the FSM had no history of battle-related injuries or
wounds and provides no indication that the conditions the FSM was treated
for were received as a result of enemy action.

3.  The FSM's Discharge Record provided by the applicant does not include
the PH in the list of earned awards and contains the entry “None” in the
Wounds Received in Service item, which indicates the FSM was never wounded
as a result enemy action.  It also indicates the FSM authenticated his
separation document with his signature on the date of his discharge.  In
effect, his signature was his verification that the information contained
on his separation document, which included the wounds and awards items, was
correct at that time.

4.  Absent any evidence confirming that the FSM was wounded as a result of
enemy action, or that he was ever recommended for or awarded the PH by
proper authority while serving on active duty, the regulatory burden of
proof necessary to support award of the PH has not been satisfied in this
case.  As a result, in the interest of all those who served during World
War II and who faced similar circumstances, it would not be appropriate to
grant the requested relief.
This decision in no way diminishes the quality of the FSM's World War II
service.

5.  The evidence does show that based on his receipt of the CIB, the
FSM is entitled to the BSM for his exemplary conduct in ground combat
against an armed enemy between 26 October 1942 through 26 January 1944,
based on his receipt of the CIB, and his entitlement to the World War II
Victory Medal.  The omission of these awards from his record is an
administrative matter that does not require Board action.  Therefore, the
Case Management Support Division (CMSD), St. Louis, Missouri, will
administratively correct the FSM's record as outlined in paragraph 2 of
the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR __  __DAC __  __QAS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to award of the Purple Heart.  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 error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding him the Bronze Star Medal, for his exemplary conduct
in ground combat against an armed enemy between 26 October 1942 through 26
January 1944, and by showing his entitlement to the World War II Victory
Medal.




                                  _____Jeffrey C. Redmann______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003616                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/02/27                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |Certificate of Disability               |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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