RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 February 2004
      DOCKET NUMBER:   AR2003089947


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Samuel A. Crumpler            |     |Chairperson          |
|     |Mr. Curtis L. Greenway            |     |Member               |
|     |Ms. Regan K. Smith                |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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, the daughter of a deceased former service member (FSM),
requests correction of her father’s WD AGO Form 53-55 (Enlisted Record and
Report of Separation-Honorable Discharge) to show award of the Purple
Heart.  In addition, the applicant requests that the FSM’s WD AGO Form 53-
55 be corrected to show that he participated in the Rome-Arno Campaign
instead of the Normandy Campaign, as currently shown on his WD AGO Form 53-
55.

2.  The applicant states, in effect, that she has been compiling a history
of the FSM’s exploits during World War II.  She states that she has been
able to obtain all of the FSM’s approved awards and decorations, to include
the Purple Heart, but that she has no documentation, in the form of a
certificate or orders, authorizing its award to the FSM.

3.  The applicant provides copies of a multitude of e-mails, letters,
records of interviews, and phone calls with persons she has corresponded
with over the past 2 years, in an attempt to clarify the FSM’s entitlement
to the Purple Heart.  These include former members of the FSM’s unit, the
517th Parachute Regimental Combat Team (PRCT), a Member of Congress, and
personnel from the Office of The Surgeon General and the National Personnel
Records Center.  The applicant also provides copies of morning reports, a
photograph of the Purple Heart medal in a display case, and a unit history
of the 517th PRCT.  She also provides a notarized sworn statement from her
mother, who states that she removed small pieces of shrapnel from the FSM’s
back for several years after his separation from the Army.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 27
December 1945.  The application submitted in this case is dated 7 March
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 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 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.

4.  The available records show that the FSM was inducted on 17 May 1943 and
completed training as a Radio Operator (Intermediate Speed).  He arrived in
the European-African-Middle Eastern Theater of Operations on 31 May 1944.
The FSM returned to the United States on 20 December 1945, and was
honorably separated from the service on 27 December 1945.  His WD AGO Form
53-55 shows that he is entitled to the following awards: the Combat
Infantryman Badge; the European-African-Middle Eastern Campaign Medal with
five bronze service stars and one bronze service arrowhead; the American
Campaign Medal; and, the World War II Victory Medal.  The FSM’s WD AGO 53-
55 also shows that he participated in five campaigns as follows: Central
Europe; Southern France; Rhineland; Ardennes-Alsace; and, Normandy.

5.  Item 33 (Decorations and Citations) of the FSM’s WD AGO Form 53-55,
which is authenticated in his own hand, does not show entitlement to award
of the Purple Heart.  Item 34 (Wounds Received in Action) of the WD AGO
Form 53-55 contains the entry, "None."

6.  Hospital admission cards of the Office of The Surgeon General, commonly
referred to as the "SGO Files,” show that the FSM was treated in April of
1944, during pre-deployment training at Camp McCall, North Carolina.  There
are no other SGO entries.

7.  Morning Report entries show that the FSM was transferred to the 7th
Army Patient Detachment on 25 October 1944.  The entry “NBC (LD)” indicates
that he was admitted as a non-battle casualty (line of duty).  The FSM was
released from the Patient Detachment on 27 October 1944.  There is no
indication that he was admitted for wounds related to enemy action.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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, and the medical treatment must have been made a matter of
official record.

9.  A review of the 517th PRCT unit history shows that the unit was on two
ships, slipping through the Straits of Gibraltar on the night of 31 May
1944, and in active combat in Italy throughout the month of June 1944.  The
unit then battled up the Italian peninsula, participating in five
campaigns.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation
Credit Register) shows those campaigns as: Rome-Arno; Southern France;
Rhineland; Ardennes-Alsace; and, Central Europe.

10.  Army Regulation 600-8-22 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.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.

11.  Item 41 (Service Schools Attended) of the FSM’s WD AGO Form 53-55
contains the entry “PRCHT SCH JUMP,” indicating that he successfully
completed airborne training.

12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the basic Parachutist Badge.  Award of the basic Parachutist
Badge requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.

13.  Army Regulation 600-8-22 provides for award of the French Fourragere
as an approved foreign unit award.  The French Fourragere may be awarded by
the French Government when a unit has been cited twice for award of the
French Croix de Guerre.  When a unit is cited twice for the Croix de
Guerre, then the colors of the fourragere are red and green.  When a unit
is cited four times, the colors of the fourragere are yellow and green.
Award of the fourragere is not automatic and requires a decree by the
French Government, and persons who were only in one action are not
authorized to wear the fourragere.  When a unit was cited only one time for
award of the French Croix de Guerre there was no individual device, medal
or ribbon authorized for wear by members of the unit.

14.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center
published the policy regarding awards of the French Croix de Guerre to U.S.
Army veterans who had served in World War I and World War II.  Essentially,
this guidance states that there is no individual emblem presented to or
worn by Army soldiers who were in a unit cited by the French Government for
the Croix de Guerre.  Thus, former members of any American units which
appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Credit Register) are not authorized an individual device.  This is also
true of the Belgian Citation in the Order of the Day and the Netherlands
Military Order of William.  As a result, the only European foreign unit
awards which a former Army service member may wear are the French
Fourragere, the Belgian Fourragere and the Netherlands Orange Lanyard.

15.  Department of the Army General Orders Number 43, dated 1950, announced
award of the French Croix de Guerre to the FSM’s unit, for action during
the period 15 August to 19 November 1944.

16.  Department of the Army General Orders Number 43, dated 1950, announced
award of the Citation in the Order of the Day of the Belgian Army to the
FSM’s unit, for action during the period 20 to 29 January 1945.

DISCUSSION AND CONCLUSIONS:

1.  The FSM authenticated his WD AGO Form 53-55, which did not show award
of the Purple Heart or wounds sustained in action.  There are no medical
records that show the FSM was wounded, or treated for wounds, as a result
of hostile action.  There are no orders or certificates that awarded the
FSM the Purple Heart.  Therefore, the FSM is not entitled to award of the
Purple Heart or correction of his records to show this award.

2.  A review of the FSM’s available records, as well as statements made by
former members of his unit, indicates that he trained with and deployed
with the 517th PRCT.  All indications are that he remained with the unit
throughout its deployment in the European-African-Middle Eastern Theater of
Operations, and there is nothing that indicates that he might have been
assigned to another unit, at any time.  Item 32 (Battles and Campaigns) of
his AGO Form 53-55 awards him credit for participating in five campaigns,
four of which are the same as those of the 517th PRCT, one of which is the
Normandy Campaign.  It is clearly apparent that the entry “Normandy” is in
error and should have been “Rome-Arno.”  Therefore, the FSM is entitled to
correction of his records to show that he participated in the Rome-Arno
Campaign.

3.  Evidence of record shows that the FSM is entitled to the Bronze Star
Medal based on his Combat Infantryman Badge.  Therefore, he is entitled to
correction of his records to show this award.

4.  Evidence of record shows that the FSM is entitled to the Parachutist
Badge.  Therefore, he is entitled to correction of his records to show this
badge.

5.  General Orders show that the FSM’s unit was awarded the French Croix de
Guerre.  Therefore, he is entitled to correction of his records to show
this foreign unit award citation in Item 55 (Remarks) of his WD AGO Form 53-
55.

6.  General Orders show that the FSM’s unit was awarded the Citation in the
Order of the Day of the Belgian Army.  Therefore, he is entitled to
correction of his records to show this foreign unit citation in Item 55 of
his WD AGO Form 53-55.

BOARD VOTE:

___sac__  ____rks_  ___clg___  GRANT 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 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:

      a. in Item 32 of his AGO Form 53-55, that he participated in the Rome-
Arno Campaign instead of the Normandy Campaign;


      b. in Item 33 of his AGO Form 53-55, that he was awarded the Bronze
Star Medal and the Parachutist Badge; and,


      c. in Item 55 of his AGO Form 53-55, that he was awarded the French
Croix de Guerre Unit Award Citation and the Citation in the Order of the
Day of the Belgian Army.

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
award of the Purple Heart.





            _________Samuel A. Crumpler________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003089947                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040203                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |