RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             JULY 1, 2004
      DOCKET NUMBER:    AR20040000820


      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. Luis Almodova                 |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Lana E. McGlynn               |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. John Meixell                  |     |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 requests, in effect, that he be awarded the Purple Heart,
with oak leaf cluster; the Silver Star; and the Medal of Honor; for his
service in World War II.

2.  The applicant states, in effect, that he was told by a general officer
that he was being put in for award of the Purple Heart, with oak leaf
cluster; the Silver Star; and the Medal of Honor; in recognition of his
combat achievements.

3.  The applicant provides, a number of documents connected to his service
in support of his application, including only two of which are directly
related to his request for the listed awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an injustice, which occurred
on 1 March 1962.  The application submitted in this case is dated 12 July
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 request, that his combat achievements during World War
II be recognized through award of the Silver Star and the Medal of Honor,
is outside the statute of limitations for approval of award recommendations
for actions during World War II.  However, the applicant’s request for this
award can be considered under the provisions of Title 10, United States
Code, Section 1130, which governs consideration of awards not submitted
within time limits established by law.  The applicant must exhaust this
remedy before the ABCMR will consider this portion of his request and he
has been so notified by separate correspondence.  Therefore, consideration
for award of the Silver Star and the Medal of Honor to the applicant will
not be discussed further in this Record of Proceedings.

4.  The applicant was inducted on 21 February 1942 and entered service at
Fort Dix, New Jersey, on the same date.  The applicant was honorably
discharged in the grade of Private First Class on 17 November 1945.
5.  The applicant's WD AGO Form 53-55, Enlisted Record and Report of
Separation, Honorable Discharge, with an effective date of 17 November
1945 shows, in Item 33 (Decorations and Citations), that he was awarded the
European-African-Middle Eastern Campaign Medal; the American Service Medal
[correctly known as the American Campaign Medal]; the Good Conduct Medal;
and the World War II Victory Medal.  The Purple Heart, with oak leaf
cluster, is not shown.

6.  Item 30 (Military Occupational Specialty and No.), of the applicant's
WD AGO Form 53-55, shows the applicant was a Transportation NCO
(Noncommissioned Officer) while he served on active duty.

7.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form
53-55, shows that the applicant was awarded the Marksman Marksmanship
Qualification Badge, with Rifle Bar [M-1 Rifle].

8.  Item 32 (Battles and Campaigns), of the applicant's WD AGO Form 53-55,
shows that the applicant was given credit for participating in the Central
Europe and the Rhineland campaigns of World War II.

9.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53-
55, shows the entry, "None."

10.  Item 55 (Remarks), of the applicant's WD AGO Form 53-55, shows that
the applicant was issued the Lapel Button [correctly known as the Honorable
Service/Discharge Emblem].

11.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO Form 53-55, shows that the applicant departed the United
States on 3 May 1944 and arrived in the European Theater of Operations
(ETO) on 16 May 1944.  The applicant departed the ETO on 17 August 1945 and
arrived in the United States on 22 August 1945.

12.  The applicant's WD AGO 24, Service Record, on page 5, shows that the
applicant arrived in England on 16 May 1944 and was assigned to Replacement
Depot #16 and remained assigned to that unit until 27 January 1945 when he
was assigned to the 3rd Replacement Depot and further assigned to Company
F, 120th Infantry Regiment, 30th Infantry Division, on 29 January 1945.

13.  The Purple Heart is not shown in the section reserved for Medals,
Decorations, and Citations of the Service Record.
14.  Page 15, in the applicant's WD AGO Form 24, for the covering period
from 21 February through 17 November 1945, with two inserts added, where
all administrative matters not shown elsewhere and not of a character
authorizing pay, are entered, to include, wounds, battles, engagements,
etc., and such entries not set forth elsewhere as may be required to make a
soldier’s record complete, does not include any information to indicate
that the applicant was wounded in action while engaged with a hostile
force.

15.  The applicant underwent a physical examination on 17 November 1945.
The WD AGO Form 38, Report of Physical Examination of Enlisted Personnel
Prior to Discharge, Release from Active Duty or Retirement, prepared to
document the result of this examination shows no reference to any wound the
applicant may have sustained in combat during World War II.  Item 10 of the
form contains a question, "At the present time do you have any wound,
injury or disease which is disabling?  If answer is yes, list those
conditions first under Item 11."  The applicant answered in the negative to
this question.  Item 11 lists no wounds and injuries.

16.  Item 48 of the WD AGO Form 38, contains the following entry:  "31.
Patient gives a history of paralysis of right side of face that occurred
July 1945 following a jeep accident.  This lasted for about 2 1/2 weeks and
cleared up and has caused no trouble since.  No abnormalities noted."

17.  The applicant was awarded the Combat Infantryman Badge, by Special
Orders 6, prepared by Headquarters, 120th Infantry, on 1 February 1945.
The Combat Infantryman Badge is not shown on the applicant's WD AGO Form 53-
55.

18.  The applicant's WD AGO Form 53-55 shows entitlement to the European-
African-Middle Eastern Campaign Medal; however, it does not show the
service stars to which the applicant is entitled for his campaign
participation.

19.  Army Regulation (AR) 600-8-22 authorizes a bronze service star, based
on qualifying service, for each campaign listed in its Appendix B and
states that authorized bronze service stars will be worn on the appropriate
campaign or service medal including the European-African-Middle Eastern
Campaign Medal.

20.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the applicant's unit, Company F,
120th Infantry Regiment, 30th Infantry Division, was awarded the Army
Occupation Medal, with Germany Clasp, for the occupation of Germany for
the period 2 May through 5 July 1945.
21.  The applicant enlisted in the Regular Army for 3 years on 7 December
1945 and entered active duty on the same date.  He was honorably discharged
on 6 December 1948, in accordance with AR 615-360, at the expiration of his
term of service.  Item 33 of his WD AGO Form 53, shows that he was awarded
the World War II Victory Medal [duplicating the entry on the WD AGO Form 53-
55, with an effective date of 17 November 1945].  Item 31 shows the
applicant was awarded the Marksman Marksmanship Qualification Badge, with
Pistol Bar [.45 caliber Pistol].  The applicant continued to serve
throughout continuous reenlistments until he was honorably discharged -
retired in the rank and pay grade, Sergeant First Class, E-7, on 31 March
1962, after having completed 20 years and 21 days active military service.

22.  The applicant reenlisted in the Regular Army for 3 years on 7 December
1948.  He was honorably discharged on 6 December 1957, under the provisions
of AR 635-200, for the purpose of immediately reenlisting.  Item 26
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized), of his WD AGO Form 53, Enlisted Record and Report
of Separation – Honorable Discharge, shows that he was awarded the National
Defense Service Medal and the Sharpshooter Marksmanship Qualification
Badge, with Carbine Bar.

23.  Item 32 (Remarks) of the DD Form 214, Armed Forces of the United
States, Report of Transfer or Discharge, with an effective date of, 6
December 1957, shows that the applicant voluntarily extended his enlistment
of 7 December 1948 for a period of 3 years, for a total of 6 years, and was
honorably discharged on 6 December 1954, at the expiration of his term of
service, and he again reenlisted for 3 years on 7 December 1954.

24.  The applicant reenlisted in the Regular Army for 3 years on 7 December
1957.  He was honorably discharged/retired on 31 March 1962, under Title
10, US Code 3914, after more than 20 years, but less than 30 years, active
military service.  Item 26, of his DD Form 214, shows that he was awarded
the Army Commendation Medal.  Item 27 (Wounds Received as a Result of
Action with Enemy Forces (Place and Date, if known) shows the entry:
France, World War II.  The Purple Heart is not shown in Item 26.

25.  The applicant was awarded the Good Conduct Medal clasp, with 3 bronze
loops [in effect, 3rd Award], by paragraph 3, General Orders 23, U.S. Army
Transportation Research & Engineering Command, Fort Eustis, Virginia, dated
29 September 1959.  This award is not shown on the applicant's DD Form 214
with an effective date of 31 March 1962.
26.  A health record research project, which involved transposing hospital
admission card data from the periods of World War II and the Korean
conflict onto magnetic tape, which the National Research Council made
available to
the National Personnel Records Center (NPRC) in 1988, commonly referred
to as the "SGO Files," were searched for any evidence that the applicant
was wounded in action during World War II.  No record of an injury incurred
in action against a hostile enemy was found.

27.  The applicant's DD Form 214, Report of Transfer or Discharge, with
an effective date of 31 March 1962, shows he was awarded the Army
Commendation Medal.

28.  AR 600-8-22 provides, in pertinent part, that the National Defense
Service Medal is awarded for honorable active service for any period
between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August
1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a
date to be determined.  The National Defense Service Medal does not appear
on the applicant's DD Form 214, with an effective date of 6 December 1957.

29.  AR 600-8-22 provides, in pertinent part, 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, and the
medical treatment must have been made a matter of official record.

30.  AR 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.  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.

31.  AR 635-5 prescribes policies and procedures regarding separation
documents.  Interim change 1 to the regulation dated 2 October 1989 changed
the policy regarding entries that are to be made in the block for the
recording of awards and decorations awarded to a soldier.  The current
policy is that entries in the block for decorations, medals, badges,
citations, and campaign ribbons, awarded or authorized, will be for all
periods of service.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 and DD Forms 214, which were issued
him throughout his military service career, do not show that he was ever
awarded the Purple Heart.

2.  The applicant provided no orders awarding him the Purple Heart.  A
search of the "SGO Files" failed to show that the applicant received any
wounds as a result of hostile enemy action.

3.  The applicant authenticated the WD AGO Form 53-55 and DD Forms 214 in
his own hand on each of the separation documents attesting that the
information recorded on these forms was, to the best of his knowledge,
accurate and complete.  The applicant's final DD Form 214, which was issued
on his retirement on 31 March 1962, has an entry in Item 27, "France, World
War II"; however, this entry is not corroborated by any documentary
evidence to show that he was wounded in action with enemy forces or that he
was awarded the Purple Heart.

4.  There is no evidence of record, and the applicant has provided none,
that he was wounded in action, that he required medical treatment for these
wounds, and that the treatment was made a matter of official record.  The
applicant is therefore not entitled to award of the Purple Heart and to
have it added to his separation document.

5.  In the interest of providing the applicant a consolidated listing of
all awards and decorations to which he is entitled, and in the interest of
preserving administrative time, the provisions of the current regulation
applicable to the preparation of DD Forms 214 will be applied in this case.

6.  In all separation documents prepared and distributed to the applicant,
records show that the following awards and decorations already appear on
either the applicant's WD AGO Form 53-55 or DD Forms 214:  the Army
Commendation Medal; the Good Conduct Medal; the National Defense Service
Medal; the European-African-Middle Eastern Campaign Medal; the American
Campaign Medal; the World War II Victory Medal; the Sharpshooter
Marksmanship Qualification Badge, with Carbine Bar; the Marksman
Marksmanship Qualification Badge, with M-1 Rifle Bar and with Pistol Bar
[.45 caliber Pistol]; and the Honorable Service/Discharge Emblem.

7.  The applicant was awarded the Combat Infantryman Badge while he served
in World War II.  This badge is not shown on his WD AGO Form 53-55 or on
his
subsequently issued DD Forms 214.  He is therefore entitled to have this
badge added to his separation document with an effective date of 31 March
1962.

8.  The applicant is eligible for award of the Bronze Star Medal based on
award of the Combat Infantryman Badge and to have this award added to his
separation document.

9.  The applicant served with the 120th Infantry Regiment, 80th Infantry
Division, during World War II, at the time it was awarded credit for the
occupation of Germany.  He is therefore entitled to award of the Army of
Occupation Medal, with Germany Clasp, and to have it shown on his
separation document.

10.  The applicant was awarded participation credit for two campaign of
World War II.  He is therefore entitled to be awarded two bronze service
stars to be affixed to his European-African-Middle Eastern Campaign Medal
and to have them added to his separation document.

11.  The applicant served on active duty during two periods during which
the National Defense service Medal was awarded:  between 27 July 1950
through 27 July 1954, and 1 January 1961 through 14 August 1974.  The
applicant's DD Form 214, with an effective date, 6 December 1957, shows the
National Defense Service Medal.  The applicant is therefore entitled to
award of the National Defense Service Medal, with oak leaf cluster, for the
period 1 January 1961 through the date of his retirement, 31 March 1962,
and to have this award added to his separation document.

12.  The applicant was awarded the Good Conduct Medal clasp, 3rd Award, by
general orders issued on 29 September 1959.  This award is not shown on the
applicant's DD Form 214 with an effective date of 31 March 1962.  He is
entitled to have this award added to his separation document at this time.

BOARD VOTE:

lem_____  lds_____  jm______  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:

      a.  awarding the applicant the Bronze Star Medal based on award of
the Combat Infantryman Badge that the applicant was awarded during World
War II;

      b.  awarding the applicant the Army of Occupation Medal, with Germany
Clasp;

      c.  awarding the applicant two bronze service star to be affixed to
his already-awarded European-African-Middle Eastern Campaign Medal and
adding these to the applicant's separation document;

      d.  adding the already-awarded Combat Infantryman Badge, and the Good
Conduct Medal, 3rd Award, to the applicant's separation document; and

      e.  correcting the applicant's DD Form 214, with an effective date of
31 March 1962, through creation of a single correctional document, to show
that he earned the following awards and decorations through his military
service career as follows:  the Bronze Star Medal; the Army Commendation
Medal; the Good Conduct Medal, 3rd Award; the National Defense Service
Medal, with oak leaf cluster; the European-African-Middle Eastern Campaign
Medal, with two bronze service star; the American Campaign Medal; the World
War II Victory Medal; the Army Occupation Medal with Germany Clasp; the
Combat Infantryman Badge; and the Sharpshooter Marksmanship Qualification
Badge, with Carbine Bar; the Marksman Marksmanship Qualification Badge,
with Rifle Bar [M-1 Rifle] and with Pistol Bar [.45 caliber Pistol]; and
the Honorable Service/Discharge Emblem.

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, with oak leaf cluster, to the applicant at this
time.





            ___Lana E. McGlynn___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040000820                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/07/01                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |