RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 February 2008
      DOCKET NUMBER:  AR20070014878


      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. John T. Meixell               |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, reconsideration of his earlier
petition to be awarded the Purple Heart (PH).

2.  The applicant states, in effect, he was wounded in action while
participating in the Battle of the Bulge during World War II.  He claims
the combat medical corpsman (Medic) who treated his wounds did not document
the treatment and his wounding was not made a matter of official record.
He states that he has a statement from the Medic attesting to the fact he
treated his wounds.  He claims he did not go to the aid station upon being
injured due to the shortage of men on the front line and as a result no
record of his being wounded exists.  He states that the current
documentation proves he was injured in battle during the Battle of the
Bulge, but it was not documented.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, reconsideration of the applicant's earlier
petition to be awarded the PH.

2.  Counsel states, in effect, that the applicant deserves the PH based on
the fact he was a World War II Soldier, and served with a unit that saw
action all across Germany and Belgium, which is documented in the
historian's document they are providing.  He claims that in December 1944,
the applicant's unit moved to Elsenborn, Belgium where he participated in
the Battle of the Bulge, for which he was awarded the Bronze Star Medal
(BSM).  He further states that during German shelling around Christmas day
1944, the applicant received shrapnel wounds to the face, arms and legs.
Counsel states that the applicant was treated by a combat Medic on the
front line and refused to go to the aid station because the unit was short
on men.  Counsel concludes by stating that because the applicant put his
unit before himself, he chose to stay on the line and forego proper care
and documentation for his wounds.

3.  Counsel provides the 10 documents listed as enclosures to his letter in
support of the application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20050001070, on 1 March 2005.

2.  During its original review of the case, the Board found the evidence of
record and independent evidence provided by the applicant was insufficient
to support award of the PH.  The statement provided by the Medic was
included with the applicant's original application; however, there was no
corroborating evidence found to confirm the information provided in this
statement.

3.  The applicant and counsel are resubmitting the Medic statement provided
with the original application and a unit historical record as new evidence.
 The unit historical record confirms the movement and activities of the
applicant's unit between September 1944 and May 1945.  This document
provides no direct information regarding the applicant's wounding.  A
letter from a civilian doctor, dated 17 September 2007, is also provided as
new evidence.  This letter indicates that an examination of the applicant
for old scarring reveals four areas of his body, which are consistent with
shrapnel wounds.

4.  The applicant's WD AGO Form 53-55 shows that he was inducted into the
Army and entered active duty on 12 December 1942.  It also shows that he
served in the European Theater of Operations (ETO) from 10 October 1944
through 12 October 1945, and that he participated in the Ardennes,
Rhineland and Central Europe campaigns of World War II.  Item 33
(Decorations and Citations) does not include the PH in the awards listed,
and Item 34 (Wounds Received in Action) contains the entry "None."  The
applicant authenticated this document with his signature in Item 56
(Signature of Person Being Separated) on 29 October 1945, the date of his
separation.

5.  The National Personnel Records Center (NPRC) file pertaining to the
applicant contains no documents or orders that indicate the applicant was
ever wounded in action or that he was ever awarded the PH by proper
authority while serving on active duty.

6.  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.

DISCUSSION AND CONCLUSIONS:

1.  The contention of the applicant and counsel that he is entitled to the
PH for being wounded in action while participating in the Battle of the
Bulge during World War II and the new evidence and argument provided were
again carefully considered.  However, as indicated in the original Board
consideration of this case, by regulation, in order to support award of the
PH, there must be evidence that the wound for which the award is being made
was received as a result of enemy action, that the wound required treatment
by a military medical personnel and a record of this treatment must have
been made a matter of official record.

2.  The unit history document provided as new evidence while containing
information regarding the movement and activities of the unit during the
period in question does not contain information regarding the applicant
being wounded in action.  The Medic statement was already considered during
the original review and it has already been determined that absent any
evidence corroborating the wounding or treatment, this statement alone was
not sufficient to support award of the PH, and the new doctor's statement
provided while confirming scaring consistent with shrapnel wounds, provides
no factual evidence related to the circumstance surrounding the receipt of
these scars.

3.  The applicant's separation document does not include the PH in the list
of awards in Item 33 and contains the entry "None" in Item 34, which
confirms the applicant was not wounded in action during the period covered
by the separation document.  The applicant authenticated the WD AGO Form 53-
55 with his signature on 29 October 1945, 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 it was prepared and issued.

4.  Notwithstanding the evidence now provided by the applicant and counsel,
some 60 years after the fact, the regulatory burden of proof necessary to
support award of the PH still has not been satisfied in this case.  As a
result, it would not be appropriate and in the interest of all those who
served during World War II and who faced similar circumstances to grant the
requested relief.  The applicant and counsel, and all others concerned
should know that this action in no way diminishes the sacrifices made by
the applicant in service to our Nation.  The applicant and all Americans
should be justifiably proud of his service in arms.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement or that would support
amendment of the original Board decision in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM___  __CD   __  __RMN__  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 to amend the decision of
the ABCMR set forth in Docket Number AR20050001070, dated 1 March 2005.




                                  _____John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070014878                           |
|SUFFIX                  |                                        |
|RECON                   |AR20050001070-2005/03/01                |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/10/29                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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