RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 May 2005
      DOCKET NUMBER:  AR20040002058


      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:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Seema E. Salter               |     |Member               |
|     |Ms. Susan A. Powers               |     |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, in effect, that the WD AGO Form 53-55 (Enlisted
Record and Report of Separation-Honorable Discharge) of his deceased
father, hereafter known as the former service member (FSM), be corrected to
show award of the Purple Heart (PH).

2.  The applicant states that the FSM's records were burned in a fire at St
Louis, in 1973.  A statement showing the FSM is authorized award of the PH
is needed so that the FSM's headstone may be appropriately marked.  The
applicant also states that the FSM was awarded a Presidential Unit Citation
(PUC), and that he is not familiar with the award.

3.  The applicant provides in support of his request:

      a.  An undated statement written by the applicant in behalf of the
FSM.

      b.  Veterans Administration-Certificate of Eligibility.

      c.  Certificate of Death from the Commonwealth of Massachusetts which
shows the FSM passed away on 12 November 2002.

      d.  A birth registration card which shows the applicant is the son of
the FSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
28 November 1945.  The application submitted in this case is dated 21 May
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 FSM's military records are presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein is
limited to those documents obtained from a reconstructed record.

4.  The FSM's WD AGO Form 53-55 is no longer available.  The available
evidence shows the FSM was inducted into the Army of the United States on
3 December 1942.

5.  The FSM served with Headquarters and Headquarters Company (HHC),
52nd Armored Infantry Battalion, 9th Armored Division from 9 March 1943
until he was captured by enemy forces on 18 December 1944 and ultimately
interred in a POW camp until 29 April 1945.

6.  A WD AGO Form 91 (Report of Physical Examination of Enlisted Personnel-
At Redistribution Station), dated 25 August 1945, shows the FSM underwent a
medical examination after repatriation and the examining physician recorded
the following observations "Healed SFW (shrapnel fragment wound) left
thigh, anterior, non-sympt.  History of frostbite, both feet, mild.  Scar,
right chest, GSW (gunshot wound), EPTS (Existed prior to service).  Anxiety
state mild."

7.  The FSM departed the European Theater of Operations and arrived in the
United States on 19 November 1945.  He was assigned to the Separation
Point, Camp Edwards, Massachusetts where he was honorably discharged on
28 November 1945.

8.  The available evidence shows the FSM's efficiency rating was excellent.
He was authorized award of the "GCM" (Good Conduct Medal (GCMDL)), Expert
Infantryman Badge (EIB), and the European-African-Middle Eastern (EAME)
Campaign Medal with three battle stars to represent the three campaigns in
which he participated:  Rhineland, Ardennes, and Central Europe.   He was
also authorized award of the Combat Infantryman Badge (CIB) for
satisfactory duty in ground combat against the enemy from 1 November to 25
December 1944 while attached to HHC, 52nd Armored Infantry Battalion, 9th
Armored Division.

9.  Correspondence between the FSM and the Army Service Forces, First
Service Command, Camp Edwards, Falmouth, New Jersey, dated 11 January 1946,
and an Affidavit for Awards and Decorations shows the FSM contended that
while serving in Belgium, he received a shrapnel wound to the left thigh as
a result of artillery fire from enemy forces on 18 December 1944.  The FSM
also contended that other Soldiers imprisoned with him administered aid for
his wound.  The available evidence does not indicate whether a
determination was made concerning award of the PH for this wound.

10.  The historical files of HHC, 52nd Armored Infantry Battalion, 9th
Armored Division were thoroughly reviewed at the National Archives, College
Park, Maryland and the records failed to show the FSM's entitlement to
award of the PH.
11.  Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards, 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 the:

      a.  Prisoner of War (POW) Medal was authorized on 8 November 1985 and
is awarded to individuals who, in past armed conflicts, were taken prisoner
or held captive.  The FSM was held in a POW status from 18 December 1944 to

29 April 1945 and he is authorized award of the POW Medal for this service.

      b.  PH 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the PH.

      c.  Bronze Star Medal (BSM) is awarded for heroism and for
meritorious achievement or service in military operations against an armed
enemy.  The BSM 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 CIB or the Combat Medical Badge is considered to be
a citation in orders.  This means, in effect, that the BSM is to be awarded
to individuals who were authorized either badge for service during World
War II.  The applicant is authorized award of the BSM for his service from
1 November to 25 December 1944.

      d.  GCMDL is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for the first award ends with the termination of a period of
Federal military service.  Although there is no automatic entitlement to
the GCDML, disqualification must be justified.  There is no evidence
available to indicate the FSM was ever denied award of the GCMDL.

      e.  European-African-Middle Eastern (EAME) Campaign Medal is
authorized for qualifying service in the European-African-Middle Eastern
Theater of Operations for the period 7 December 1941 to 8 November 1945.
This regulation also authorizes award of a bronze service star (BSS), based
on qualifying service, for each campaign listed in Appendix B of this
regulation and states that authorized BSS's will be worn on the appropriate
campaign or service medal including the EAME Campaign Medal.  The FSM is
authorized three BSS's to represent the three campaigns in which he
participated.


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


      g.  WWII Honorable Service Lapel Button is authorized for honorable
Federal service between 8 September 1939 and 31 December 1946.

      h.  PUC (known as the Distinguished Unit Citation (DUC) until
3 November 1966) is awarded to a unit for extraordinary heroism in action.
A unit must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.  Department of the Army Pamphlet 672-1
(Unit Citation and Campaign Participation Credit Register) indicates that
the 52nd Armored Infantry Battalion, 9th Armored Division was cited for
award of the DUC for the period of service from 18 to 27 December 1944 by
War Department General Order Number 17, dated 1945.

12.  War Department Circular 269-1943 established the CIB and the EIB to
recognize and provide an incentive to infantrymen.  The EIB was to be
awarded for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The CIB was awarded for
exemplary conduct in action against the enemy.  War Department Circular 186-
1944 further provided that the CIB was to be awarded only to infantrymen
serving with infantry units of brigade, regimental or smaller size.
Additionally, World War II holders of the CIB received a monthly pay
supplement known as combat infantry pay and holders of the EIB were
entitled to expert infantry pay.  Therefore, soldiers had economic as well
as intangible reasons to ensure that their records were correct.  Thus, pay
records are frequently the best available source to verify entitlement to
this award.  The Awards Branch, Total Army Personnel Command, has advised
in similar cases that, during World War II, the CIB was normally awarded
only to enlisted individuals who served in the following positions:

      a.  Light machine gunner (604)
      b.  Heavy machine gunner (605)
      c.  Platoon sergeant (651)
      d.  Squad leader (653)
      e.  Rifleman (745)
      f.  Automatic rifleman (746)
      g.  Heavy weapons NCO (812)
      h.  Gun crewman (864)
DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports that, after repatriation, a physician
identified and documented a healed shrapnel fragment wound to the FSM's
left thigh.  Shortly after being released from active duty, the FSM
contended that he received the shrapnel wound as a result of enemy fire, on
18 December 1944, the same date that he was taken into captivity.  Assuming
the facts are as they are stated, it would be appropriate to correct the
FSM's record to show award of the PH based on documentation of the wound
after his release from captivity.

2.  The applicant is authorized award of the BSM based on award of the CIB
for the period of service from 1 November to 25 December 1944.

3.  The FSM's record should also be corrected to show award of the POW
Medal, PH, GCMDL, EAME with three BSS's, WWII Victory Medal, WWII Honorable
Service Lapel Button, PUC, CIB and the EIB.

4.  The FSM's WDA GO Form 53-55, is no longer available, therefore, it
would be appropriate for the Case Management Support Division (CMSD), St.
Louis, Missouri, to provide the applicant a statement showing all of the
awards the FSM is authorized.

5.  The applicant acknowledged that he was not familiar with the PUC.  As
stated in paragraph "12(i)" above, the PUC was known as the DUC until
November 1966.  The PUC was awarded to the FSM's unit for extraordinary
heroism in action, gallantry, and esprit de corps in accomplishing its
mission.

BOARD VOTE:

__mhm___  __ses___  __sap___  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:
      a.  POW Medal, PH, BSM, GCMDL, EAME with three BSS's, WWII Victory
Medal, WWII Honorable Service Lapel Button, PUC, CIB and the EIB.


         b.  Issue the applicant a statement showing the FSM is authorized
the above awards.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040002058                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050526                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0031                                |
|3.                      |107.0056                                |
|4.                      |107.0060                                |
|5.                      |107.0063                                |
|6.                      |107.0065                                |

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