RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 January 2004
         DOCKET NUMBER: AR2003089954


         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
Ms. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Ronald J. Weaver		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart (PH), the Bronze Star Medal (BSM), and any other awards to which he may be entitled.

2. The applicant states that he was injured while saving a comrade's life at the risk of his own. A nurse at the Veterans Administration (VA) hospital measured his shrapnel scar and encouraged him to apply for award of the PH.

3. The applicant provides: a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge); a VA Disability Compensation Rating which shows he has a combined rating of 70 percent; and two personal statements dated 13 December 2001 and 3 January 2002.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 31 October 1945. The application submitted in this case is dated 13 April 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 presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein is limited to a partially reconstructed record. Although the applicant states that he was previously denied consideration for the PH by the Army Board for Correction of Military Records (ABCMR), no record could be found of that denial.

4. The applicant was inducted into the Army of the United States on 1 May 1942 and was trained in military occupational specialty (MOS) 345, Truck Driver, Light. He served in the European Theater of Operations (ETO) from 4 November 1943 to 15 October 1945. His unit of assignment was the 955th Field Artillery Battalion and his grade at discharge was Technician Fifth Grade.

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5. The applicant's WD AGO Form 53-55 shows that he participated in five campaigns (Normandy, Northern France, Ardennes, Rhineland, and Central Europe). His listed awards include the Good Conduct Medal and the Distinguished Unit Badge. Item 34 (Wounds Received in Action) shows "None."

6. A Hospital Admissions Card created by the Department of the Army, Office of The Surgeon General in 1944 shows the applicant was treated for myositis, a chronic muscle inflammation, and an abscessed tooth in January 1944. There is no evidence that he was ever treated for a wound that occurred while he was in action against an enemy force.

7. On or about 25 October 1945, the applicant returned to the United States and was assigned to Fort Leavenworth, Kansas, for separation processing. He was honorably discharged on 31 October 1945.

8. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states, in pertinent part:

         a. The PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

         b. The BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal awards, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. During World War II, it was 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 was considered to be a citation in orders. This meant, in effect, that the BSM was to be awarded to individuals who were authorized either badge for service during World War II.

         c. The American Campaign Medal (ACM) is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the Continental United

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States, or duty outside the continental United States in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

         d. The European-African-Middle Eastern (EAME) Campaign Medal is awarded for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. AR 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of that regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal. The applicant participated in 5 campaigns and is entitled to one silver service star (which denotes 5 bronze service stars).

         e. The World War II Victory Medal (WWII Victory Medal) is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

         f. The Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. For duty in Germany, service must have been between 9 May 1945 and 5 May 1955 and the EAME Campaign Medal must have been awarded prior to 9 May 1945. Units authorized award of the AOM are listed in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961. The applicant's unit is listed as performing occupation duty in Germany from 2 May through 4 June 1945.

DISCUSSION AND CONCLUSIONS:

1. Existing documentation fails to support the applicant's entitlement to the PH or BSM. World War II hospital admission data maintained by the Army Surgeon General's Office shows that the applicant was hospitalized in January 1945 for illness (myositis and alveolar abscess), not wounds. The applicant's WD AGO Form 53-55 reflects no wounds received in action.

2. The applicant's WD AGO Form 53-55 fails to reflect all of the awards and decorations to which he is entitled. It is determined the applicant is entitled to the ACM, the EAME Campaign Medal with silver service star, the WW II Victory Medal, and the AOM with Germany Clasp. His record should be corrected to reflect these awards.

BOARD VOTE:

__jhl___ __aao___ __rjw___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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 he is entitled to the following awards and decorations: the ACM, the EAME Campaign Medal with silver service star, the WW II Victory Medal, and the AOM with Germany Clasp.

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 PH and BSM.




                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089954
SUFFIX
RECON
DATE BOARDED	20040122
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0060
3.	107.0066
4.
5.
6.