RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 OCTOBER 2004
      DOCKET NUMBER:  AR2003099833


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Richard Dunbar                |     |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 award of the Purple Heart.

2.  The applicant states that he was wounded in France.  His eardrums were
punctured.  He had a concussion and bled from his nose.

3.  The applicant provides the documents depicted herein.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 April 1946.  The application submitted in this case is
dated          5 November 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’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
applicant’s records were lost or destroyed in that fire.  However, there
are sufficient documents available for the Board to conduct a fair and
impartial review of this case.

4.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of
Separation – Honorable Discharge) shows that he entered on active service
on 18 January 1944 and that he served in the European Theater of Operations
as an infantryman with Company F, 399th Infantry Regiment, from October
1944 until his return to the United States in April 1946.  He participated
in two campaigns and was awarded the World War II Victory Medal, the Good
Conduct Medal, the Bronze Star Medal, and the Combat Infantryman Badge.  He
was discharged on 18 April 1946.  His discharge form does not show award of
the Purple Heart or that he was wounded in action.

5.  A 20 November 1944 General Order issued by the 399th Infantry Regiment
shows that the company commander, Captain "N," Sergeant "W," and the
applicant, all of Company "F" of that regiment, were awarded the Combat
Infantryman Badge.
6.  In a 1 September 2000 letter to a Member of Congress, the former
Sergeant "W," now a retired command sergeant major, recommended Mr. "C," a
former comrade of the applicant, for award of the Bronze Star Medal and the
Combat Infantryman Badge.

7.  The applicant's former company commander, Captain "N," now a retired
colonel, in an application that he made to this Board on behalf of the
applicant, stated that the applicant was injured when a tank hit a mine on
or about            15 March 1945 during an attack on Spitzberg Hill in the
vicinity of Reyerville, France.  He stated that the applicant was checked
by the unit medic, and that both the applicant and a Private "C" chose to
stay with the unit during the attack. He stated that he has nominated the
applicant for the Purple Heart on two occasions and was denied both times.
He stated that the applicant was examined by the unit medic and the
information recorded in the leader book of Sergeant "W," which listed all
the Soldiers wounded (WIA) and killed (KIA) in his platoon.  He stated that
the applicant visited his family physician who confirmed that the applicant
had in the past suffered severe trauma to his ears and had a concussion.  A
20 September 2001 medical report prepared by a doctor in Killeen, Texas,
indicates that the applicant had complained of a hearing problem, present
since 1945.

8.  On 25 April 2001 the Military Awards Branch of the Total Army Personnel
Command (PERSCOM) informed a Member of Congress that the historical records
of the 399th Infantry Regiment and the 100th Infantry Division for the
World War II era failed to show award of the Purple Heart for Mr. C," a
former comrade of the applicant, who was allegedly wounded in action by the
same explosion that resulted in the applicant's wounds.

9.  On behalf of the applicant, a Veteran Service Representative (VSR) in
Oklahoma requested that the Military Order of the Purple Heart assist him
in obtaining the Purple Heart for the applicant and Mr. "C."  That same VSR
on     11 July 2001 requested that the Awards Branch of the Total Army
Personnel Command (PERSCOM) reconsider the award for Mr. "C" and award the
Purple Heart to the applicant, stating that they were both injured on the
same date by the same mine explosion.  In response, on 19 July 2001,
PERSCOM informed him of the criteria for award of the Purple Heart, and
stated that the two individuals should attempt to obtain copies of morning
reports to verify their entitlement.

10.  In a 26 June 2001 statement, the applicant's former commanding officer
stated that he remembered well the date that the applicant was wounded, and
provided a synopsis of the action on 15 March 1945.  He stated that many
Soldiers were wounded that day, and that many of the less injured elected
not to go back to the aid station.  He stated that he could vouch for the
truthfulness of Sergeant "W's" statements because of his record in and out
of combat while he commanded the company.

11.  In a 23 February 2001 statement, the former Private "C" provided
information concerning the action on Spitzberg Hill on 15 March 1945,
stating that both he and the applicant were beside a tank when it hit a
mine, blowing both of them into the air and knocking them down.  He stated
that they both had a concussion and were bleeding through the nose.  Their
ears were ringing and they had severe headaches.  He also stated that he
(Private "C") had shrapnel in both legs.  The medic treated them.  The
applicant had powder burns and black smoke on his jacket.  The medic wanted
to take them to the aid station, but they both refused.  About two hours
later, the medic gave both of them pain pills.  They rejoined the platoon
in the morning.  The lieutenant wanted them to go back to the battalion aid
station, but he wanted to stay and fight with his squad.  The lieutenant
stated that he would put them in for the Purple Heart, but he never
received it.

12.  On 23 February 2001 the applicant provided a statement similar to that
of the former Private "C."  He stated that they were both beside the
reserve tank when it hit an anti-tank mine, and the explosion knocked them
unconscious; and that after awhile, in a dazed condition, he observed the
medic tending to Private "C" who was bleeding from the nose and had
shrapnel wounds to both legs.  The medic gave him some pain pills, and then
checked him [the applicant] out.  He had a nose bleed, his face was powder
burnt, his ears were ringing, and he had a headache.  He was unstable.  The
medic gave him some pain pills and applied some ointment to this face.
They joined the squad.  The lieutenant wanted them to go the battalion aid
station, but they refused.  The lieutenant said he would recommend them for
the Purple Heart.  They did not receive it.

13.  The former Sergeant "W," then a platoon sergeant, on 26 February 2001,
provided a statement concerning the attack on Spitzberg Hill, providing a
more detailed account of the events on 15 March 1945, and confirming that
both Soldiers were wounded that day from an explosion when a tank hit an
anti-tank mine.  He stated that both Soldiers had concussions caused by the
explosions, both were bleeding from the nose, and their ears were ringing.
Private "C" had been hit in both legs with shrapnel.  The applicant had
black smoke on his face and jacket.  He stated that he did hear the
lieutenant state that he would put them in for a Purple Heart.  He stated
that the regiment later learned that there were nearly 4000 mines on
Spitzberg Hill.  He stated that the battle was in the 399th Regiment
history book.  He kept a diary from 12 November 1942 to         21 December
1945.  On 6 October 1944 he used a pocket notebook to record activity when
he had the time.  He then entered the events into the German ledger.  The
supply sergeant kept the ledger during the war because it was too big to
carry in combat.  He stated that he received the Bronze Star Medal for
heroic achievement on 15 March 1945.

14.  A copy of pages from a notebook, titled "SGT W's leader book from
World War II," lists the names of members of a squad [3rd?], to include the
applicant's name and the name of Private "C."  One page shows the dates
March 15, 1945 to March 25 1945, apparently the time period of that
particular log.

15.  An informal casualty list, apparently maintained by Sergeant "W,"
lists the names of Soldiers and the dates they were WIA or KIA.  The
applicant and Private "C" are on that list.  A log relates the actions of
the unit, to include those at Spitzberg on 15 March 1945, and indicating
"We got to take Spitzberg Hill so we can get Bitche easy."

16.  In a 3 October 2001 letter to a doctor at an Indian Hospital in
Lawton, Oklahoma, the above-mentioned VSR requested any medical information
on Mr. "C" in order to assist him in the award of the Purple Heart.  He
stated that Mr. "C" had been diagnosed with stomach cancer; consequently,
he would appreciate a prompt response.  He also stated that he was part of
a ceremony in June 2001 in which Mr. "C" was awarded the Bronze Star Medal,
the Good Conduct Medal, and the Combat Infantryman Badge.

17.  A copy of a newspaper obituary shows that the former Private "C" died
in Lawton, Oklahoma on 13 April 2002.

18.  On 4 March 2003 the retired CSM "W" wrote the Secretary of the Army,
stating that he and Colonel (Retired) "N" had recommended the applicant and
Mr. "C" for award of the Purple Heart, that their recommendation had been
denied, and requested that the Secretary review the matter.

19.  E-mail messages show that the Office of the Assistant Secretary of the
Army for Manpower and Reserve Affairs researched this case, obtaining
information from the PERSCOM Awards Branch, which indicated that the
command Judge Advocate General had reviewed the case and had determined
that the previous decisions concerning the applicant and the former Private
"C" were in accordance with the provisions of Army Regulation 600-8-22, the
awards regulation, that is due to a lack of any official record of the
wounds received in action the award of the Purple Heart could not be
approved.  The PERSCOM Awards Branch recommended that the current request
be disapproved.

20.  On 15 September 2003 the National Archives and Records Administration
at College Park, Maryland forwarded to the Office of the Assistant
Secretary of the Army for Manpower and Reserve Affairs copies of pages from
the "Narrative History of the 399th Infantry Regiment, in France and
Germany, 1-31 March 1945."  That document indicates that Company F of the
2nd Battalion was involved in an attack on Spitzberg on 15 March 1945,
preparatory to attack on the fortress city of Bitche.  That document
indicates that a reserve tank was rushed up to aid the hard-pressed "F"
company.  A search of the morning report records of Company F was made by
the National Archives; however, failed to locate any entries concerning the
applicant.

21.  On 23 April 2004 an analyst of this agency indicated that the
applicant's case arrived from the Secretary of the Army's office.  He
stated that he contacted CSM "W," who stated that an injustice had been
done in not awarding the Purple Heart to the applicant and to Mr. "C."  The
analyst stated that the retired CSM submitted a certified copy of his
personal journal that he kept throughout the war, which showed that both
individuals were wounded on 15 March 1945.  The historical files show that
the applicant, the retired CSM [former platoon sergeant], and the former
company commander were awarded the Combat Infantryman Badge, the retired
CSM was awarded the Silver Star, and the retired CSM was also awarded the
Bronze Star Medal for his actions on 15 March 1945, the date in which he
stated that the above-mentioned individuals were wounded in action.

22.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound sustained as a result of hostile action. Substantiating evidence
must be provided to verify that the wound 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.
Examples of enemy-related
injuries which clearly justify award of the Purple Heart include injury
caused by enemy bullet, shrapnel, or other projectile created by enemy
action; injury caused by enemy placed mine or trap; and concussion injuries
caused as a result of enemy generated explosions.

23.  The above-mentioned regulation also provides for award of the Bronze
Star Medal to each member of the Armed Forces of the United States who,
after         6 December 1941 has been 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.  The award of a Combat
Infantryman Badge is considered as a citation in orders.  An oak leaf
cluster is used to denote award of second and succeeding awards of the
Bronze Star Medal.

24.  The Unit Citation and Campaign Participation Credit Register shows
that the 399th Infantry Regiment was awarded the Meritorious Unit
Commendation for the period 1 November 1944 to 8 May 1945 and was an
occupation force in Germany from 2 May 1945 to 31 October 1945.

25.  The Army of Occupation Medal with Germany clasp is awarded for service
during the occupation of Europe from 9 May 1945 to 5 May 1955.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the contemporary medical report, there is no medical
evidence to show that the applicant was wounded in action.

2.  The evidence that does exist are statements from the applicant and his
former comrade (now deceased), one supporting the other; a statement from
the applicant's former platoon sergeant, now a retired command sergeant
major, and a statement on his behalf from his former commanding officer,
now a retired colonel.  The details provided by the applicant, his former
comrade, and former platoon sergeant are similar; however, the applicant
noted that they were both beside the reserve tank when it hit an anti-tank
mine, and the applicant also stated, that in addition to pain pills, the
medic applied ointment to his face.

3.  The former platoon sergeant, in his log, noted that they got to take
Spitzberg Hill so they could get Bitche easy.

4.  Pages from the narrative history of the 399th for 1-31 March 1945
indicated that Company F was involved in an attack on Spitzberg on 15 March
1945 preparatory to an attack on Bitche.  That narrative indicated that a
reserve tank was rushed up to aid Company F.

5.  The applicant's former platoon sergeant stated that both the applicant
and his former comrade were wounded in the attack on Spitzberg.  His list
of platoon casualties include the names of both.

6.  The applicant's former commanding officer, although not a witness to
the applicant being wounded, supports his request, stating that he
completely trusted the word of his former platoon sergeant, that both the
applicant and his former comrade had been wounded in action.

7.  The regulatory evidence for award of the Purple Heart for the applicant
is not there.  The statements, however, are credible – the mention of the
reserve tank by the applicant, his off hand mention regarding the ointment,
the platoon sergeant's log and his list indicating that the applicant was
wounded in action.
8.  The preponderance of evidence indicates that the applicant was wounded
in action on 15 March 1945, suffering a concussion by an explosion when a
tank ran over an anti-tank mine.  Consequently, he is entitled to award of
the Purple Heart.

9.  The applicant, by virtue of award of the Combat Infantryman Badge, is
entitled to a second award of the Bronze Star Medal.

10.  The applicant is entitled to award of the Meritorious Unit
Commendation.  He is entitled to award of the Army of Occupation Medal with
Germany clasp.

BOARD VOTE:

__FE____  __LS ___  __RD ___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Purple Heart for
being wounded in action on 15 March 1945, a second award of the Bronze Star
Medal, the Meritorious Unit Commendation, and the Army of Occupation Medal
with Germany clasp.




            _____Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099833                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]