RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         28 OCTOBER 2004
      DOCKET NUMBER:  AR2004104212


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Marla Troup                   |     |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 he sustained a concussion as a result of an enemy
shell blast on 30 June 1944 while in France.

3.  The applicant provides extracts from his service medical records in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 February 1946.  The application submitted in this case
is dated
15 January 2004.

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
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant's 1946 separation document indicates that he entered
active duty on 30 October 1943 and served in the European Theater of
Operations with the 357th Infantry between April 1944 and January 1946.

5.  According to entries in his service medical records he sustained
"bilateral acoustic trauma,” as a result of a concussion "due to shell
blast (enemy action)" on 30 June 1944 in France.  He was initially
hospitalized for 1½ months and readmitted in November 1944 when he
complained of headaches, deafness, nervousness, and tremors.

6.  His separation physical examination confirms the concussion and
hospitalization in November 1944.  Files maintained by the Office of The
Surgeon General, commonly referred to as the SGO Files, also confirmed that
the applicant was classified as a battle casualty when he was readmitted to
the hospital in November 1944.

7.  The applicant was honorably discharged on 16 February 1946 as a result
of demobilization.  Although his separation document does indicate that he
was awarded the Combat Infantryman Badge in June 1944 there is no
indication that he was ever awarded the Purple Heart.  Item 34 (wounds
received in action) on his separation document reflects "NONE."

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the
Bronze Star Medal is to be awarded to individuals who were authorized the
Combat Infantryman Badge or the Combat Medical Badge for service during
World War II.  Awards of the Bronze Star Medal based on the Combat
Infantryman Badge or the Combat Medical Badge are commonly referred to as
conversion awards.

10.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was also
awarded a French Croix de Guerre and the Army of Occupation Medal with
“Germany” clasp during his tenure with the organization.  The awards were
also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to conclude that the applicant did sustain
a concussion injury, as a result of enemy action on 30 June 1944 while in
France, and as such is entitled to the Purple Heart and to have the wound
information reflected in item 34 on his separation document.

2.  The applicant is also entitled to an award of the Bronze Star Medal as
a conversion award based on his World War II Combat Infantryman Badge.

3.  The evidence shows the applicant is entitled to a French Croix de
Guerre and the Army of Occupation Medal with “Germany” clasp.
BOARD VOTE:

__RW___  ___LF___  ___MT __  GRANT FULL 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:

      a.  awarding him the Purple Heart;


      b.  showing in item 34 on his separation document that he sustained a
concussion injury on 30 June 1944 while in France;


      c.  awarding him the Bronze Star Medal as a conversion award based on
his Combat Infantryman Badge; and


      d.  showing that he is entitled to a French Croix de Guerre and the
Army of Occupation Medal with “Germany” clasp.




                            _____Raymond Wagner______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104212                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041028                                |
|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]