RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 June 2007
      DOCKET NUMBER:  AR20070000980


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Sherri Ward                   |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Mr. David Tucker                  |     |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 that he be awarded the Purple Heart.

2.  The applicant states that he was awarded a Purple Heart after being
shot in his left hand on 7 April 1945, while he was in Neuenstadt, Germany
and that he was treated at the 95th General Hospital somewhere near Paris,
France.  He states that he was hospitalized for approximately 1 month
before returning to the 3rd Infantry Division.  He further states that he
desires to put the Purple Heart on his military gravestone when the time
comes and that he would also like a Purple Heart license plate.

3.  The applicant provides in support of his application, a copy of his
Enlisted Record and Report of Separation (WD AGO Form 53-55).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records are presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information contained
herein was obtained from his WD AGO Form 53-55.

2.  The available record shows that on 29 March 1944, the applicant was
inducted into the Army at Fort Sill, Oklahoma, and he successfully
completed his training as a rifleman.

3.  After completing 1 year, 9 months and 26 days of net active service,
the applicant was honorably discharged on 24 January 1946, under the
provisions of Army Regulation 615-365, for the Convenience of the
Government (Demobilization).  The WD AGO Form 53-55 that the applicant was
furnished at the time of his discharge shows that he was assigned to
Company B, 15th Infantry Division.  His WD AGO Form 53-55 also shows that
he was awarded the World War II Victory Medal, the European African Middle
Eastern Campaign Medal with two Bronze Service Stars, and the Distinguished
Unit Citation.  Additionally, block 31 (Military Qualifications and Date)
on his WD AGO
Form 53-55 shows that he was awarded the Combat Infantryman Badge.







4.  A review of the available documentation fails to show that the
applicant was hospitalized as result of being shot in his hand as a result
of hostile action while he was in the Army.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound/injury sustained as a result
of hostile action.  Substantiating evidence must be provided to verify that
the wound/injury was the result of hostile action, the wound must have
required treatment by a medical officer, and the medical treatment must
have been made a matter of official record.

6.  Army Regulation 600-8-22 also 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.  Therefore, the Bronze Star Medal is to be
awarded to individuals who were authorized either badge for service during
World War II.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available record fails to show that the applicant is
entitled to the Purple Heart.

2.  There is no evidence in the available record nor has the applicant
submitted any evidence to support his contention that he was shot in his
left hand as a result of hostile action and was hospitalized as a result of
his wound.

3.  However, the available record does show he is entitled to the award of
the Bronze Star Medal based on the award of the CIB and his WD AGO Form 53-
55 should be amended accordingly.

4.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SW___  __RD ___  ___DT __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by awarding him the Bronze Star Medal and amending
his WD AGO Form 53-55 accordingly.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amending his WD AGO Form 53-55 to show that he was awarded the Purple
Heart.




                                  ______ Sherri Ward________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000980                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070621                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  60                  |107.0014/BSM                            |
|3.  61                  |107.0015/PURPLE HEART                   |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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