RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070005553


      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. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 his deceased father, a former
service member (FSM) be awarded the Purple Heart (PH).

2.  The applicant states, in effect, it is his belief his father should
have been awarded the PH.  He contends the Certificate of Disability for
Discharge shows his father’s medical condition occurred while he was on
active duty, consequently, he is of the opinion this should qualify his
father for the PH.

3.  The applicant provides the following documents in support of the
application:  FSM's Certificate of Disability for Discharge (WD AGO Form
40) and Separation Document (WD AGO Form 53-55); FSM Death Certificate;
Applicant Birth Certificate; and Applicant Power of Attorney.

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
FSM's WD AGO Form 40, WD AGO Form 53-55, and Office of The Surgeon General
(OTSG) Hospital Admission Records contained in his NPRC file.

3.  The FSM's WD AGO Form 53-55 shows that he was inducted into the Army
and entered active duty on 12 February 1942 and continuously served on
active duty until being honorably discharged on 1 November 1945, in the
rank of private first class, after completing a total of 3 years, 8 months
and 18 days of creditable active military service.  It also shows that he
served in the European Theater of Operations (ETO), with Company B, 385th
Infantry Regiment, from 19 August 1942 through 13 August 1945, and that he
received the Combat Infantryman Badge (CIB), and participated in the
Northern France, Central Europe and Rhineland campaigns of World War II.

4.  Item 33 (Decorations and Citations) of the FSM's separation document
shows he earned the European-African-Middle Eastern Campaign Medal with 3
bronze service stars, Army Good Conduct Medal, and 6 Overseas Service Bars.
 Item 34 (Wounds Received In Action) contains the entry "None" and the FSM
authenticated the separation document with his signature, in Item 56
(Signature of Person Being Separated), on the date of his separation, which
was
1 November 1945.

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 based on
suffering from "Schizophrenia".  The WD AGO Form 40 he was issued shows he
was incapacitated because of severe schizophrenic symptoms, with mental
deterioration, hallucinations, impulsive behavior and impaired judgment,
which rendered him unable to perform the duties of a Soldier.  It indicates
the date of onset of the disease was 17 June 1945, and that it was incurred
in authorized military activity.  This document does not indicate the
disease was received as a result of enemy action.

7.  The FSM's NPRC file contains an OTSG Hospital Admission Record that
shows he was admitted to a medical treatment facility in the ETO on 29 June
1945, and that he was treated for a fever and schizophrenic reaction.  The
report lists the type of case as disease and contains the entry "Not a
traumatism" as the circumstances.  The report does not categorize the FSM's
condition as battle related.

8.  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.

9.  Paragraph 3-13 of the awards regulation outlines the criteria for award
of the 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.

10.  Paragraph 5-11 of the awards regulation contains guidance on the Army
of Occupational Medal.  It states, in pertinent part, that it is authorized
with the Germany Clasp, for service in Germany between 9 May 1945 and 5 May
1955.

11.  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.


12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the FSM's unit (385th Infantry Regiment)
received occupation credit for Germany for the period 2 May through 19
September 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the condition for which the FSM received a
Certificate of Disability at the time of his discharge should entitle the
FSM to the PH 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
actions, and conditions such as battle fatigue, disease not directly caused
by enemy agents and post traumatic stress disorders clearly do not justify
award of the PH.
2.  The Certificate of Disability and the OTSG Hospital Record on file
confirm the FSM suffered from and was treated for severe schizophrenic
symptoms, with mental deterioration, hallucinations, impulsive behavior and
impaired judgment.  These documents confirm the condition was received
during the course of the FSM's military activities; however, they provide
no indication the disease was received as a result of enemy action.

3.  The FSM's separation document does not include the PH in the list of
awards contained in Item 33.  Item 34 contains the entry “None”, which
indicates he was never wounded as a result enemy action, and the FSM
authenticated the separation document with his signature in Item 56 on the
date of his separation. In effect, his signature was his verification that
the information contained on the separation document, to include the Item
33 and Item 34 entries, was correct at the time the WD AGO Form 53-55 was
prepared and issued.  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 in this case.  This
decision in no way diminishes the quality of the FSM's World War II
service.

4.  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 19 August 1942 and 13 August 1945, based on his receipt
of the CIB.  It also confirms his entitlement to the World War II Victory
Medal and Army of Occupation Medal with Germany Clasp.  The omission of
these awards from his separation document 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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  __WB___  __DLL___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 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 19 August 1942 and 13
August 1945; by showing his entitlement to the Army of Occupation Medal
with Germany Clasp and
World War II Victory Medal; and by providing correction to the separation
document that includes these awards.




                                  _____William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005553                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/01                              |
|DISCHARGE AUTHORITY     |AR 619-361                              |
|DISCHARGE REASON        |Certificate of Disability               |
|BOARD DECISION          |DENY with Note.                         |
|REVIEW AUTHORITY        |Mr. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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