RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 May 2005
      DOCKET NUMBER:  AR20040003390


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 that his records be corrected to show award of
the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded in 1943 while
serving in Africa during the Battle of Fondouk.  The unit to which he was
assigned experienced a large number of casualties.  Medical personnel were
disorganized and failed to annotate his treatment, therefore, he was never
awarded the PH.

3.  The applicant provides in support of his request:

      a.  WD AGO Form 55 (Military Record and Report of Separation
Certificate of Service), issued on 18 October 1944.


      b.  Order Number AG 210.1, Headquarters, 135th Infantry, United States
Army, dated 3 October 1944, recommending the applicant for a battlefield
commission from staff sergeant to second lieutenant.


      c.  One undated eyewitness statement and one eyewitness statement
dated 17 June 2004.  Both statements indicate the eyewitnesses were serving
with the applicant at the time he was wounded.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 October 1944.  The application submitted in this case is
dated 21 June 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 presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein is
limited to a partially reconstructed record.

4.  The applicant was inducted into the Army of the United States (AUS) on
25 September 1941 in an enlisted status.  On 18 October 1944, the applicant
was honorably separated from the AUS in the grade of staff sergeant to
accept a direct temporary appointment as a second lieutenant, Infantry,
AUS.

5.  The applicant's WD AGO Form 55, issued on 18 October 1944 shows he was
authorized award of the European-African-Middle-Eastern (EAME) Campaign
Medal, American Defense Service Medal (ADSM), Good Conduct Medal, and the
Combat Infantryman Badge (CIB).  His WD AGO Form 55, Item 30 (Wounds
Received in Action) is annotated "None."

6.  The applicant's WD AGO Form 55 also shows he served during the Tunisian
Campaign from 12 February to 13 May 1943 and during the Italian Campaign
from 21 September 1943 to 18 October 1944.  The Italian Campaign is
incorrect, there is no such campaign.  In fact, in addition to the Tunisian
Campaign the applicant served during the Naples-Foggia, North Apennines, Po
Valley, and the Rome-Arno Campaigns.

7.  On 19 October 1944, the applicant was commissioned a second lieutenant
in the AUS, Infantry.  He served in the European Theater of Operations
(ETO) from 19 October 1944 to 17 January 1945 and from 21 August to 8
September 1945.  He returned to the United States and was assigned to Fort
Story, Virginia for separation processing.  He was honorably discharged on
29 October 1945.

8.  The applicant's WD AGO Form 53-98 (Military Record and Report of
Separation-Certificate of Service), issued on 29 October 1945 shows he was
authorized award of the EAME Campaign Medal and the World War II (WWII)
Honorable Service Lapel Button.  Item 30 (Wounds Received in Action) shows
"None."

9.  On 2 September 1975, the National Personnel Records Center (NPRC),
Philadelphia, Pennsylvania issued the applicant the following awards the
Bronze Star Medal (BSM) based on award of the CIB, GCMDL, ADSM, EAME, WWII
Victory Medal, CIB, two bronze service stars (BSS's) and the bronze
arrowhead. The BSM, two BSS's and the bronze arrowhead are not shown on
either of the applicant's WD AGO Form 55, issued on 18 October 1944.
Therefore, a DD Form 215 (Correction to WD AGO Form 55) should be prepared
to show these awards.
10.  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.  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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

      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 CIB 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.  The applicant is authorized award of the BSM based on award
of the CIB.

      c.  The 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.  Army Regulation 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
five campaigns and is entitled award of five bronze service stars to
represent the campaigns in which he participated from 25 September 1941 to
18 October 1944.

      d. The “Arrowhead” is to be worn on the appropriate service medal to
denote participation in a combat parachute jump, helicopter assault
landing, combat glider landing, or amphibious assault landing while
assigned or attached as a member of an organized force carrying out an
assigned tactical mission.
The regulation specifies that individual assault credit is tied directly to
the combat assault credit decision for the unit to which the Soldier is
assigned.  The regulation requires that the unit must be credited with a
combat assault in order for the Soldiers to receive credit for a combat
assault and the Soldier must physically exit the aircraft or the watercraft
as appropriate. The regulation also specifies that the arrowhead is
authorized for wear on the Asiatic-Pacific
Campaign Medal, the European-African-Middle Eastern Campaign Medal, the
Korean Service Medal, the Vietnam Service Medal, and the Armed Forces
Expeditionary Medal.  The applicant is also authorized award of the
arrowhead for wear on the EAME for his period of service from 25 September
1941 to
18 October 1944.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence is insufficient to support that the applicant
was wounded in combat.  The personal reference statements written 60 years
after the fact and provided by the applicant are not sufficient evidence to
grant award of the PH.

2.  The NPRC issued the applicant two BSS's, however, he is authorized
three additional BSS's to represent the five campaigns in which he
participated from September 1943 to 18 October 1944.

3.  The applicant's WD AGO Form 55, issued on 18 October 1944, should be
corrected by:

      b.  Deleting the Italian Campaign and adding the Naples-Foggia, North
Apennines, Po Valley, and the Rome-Arno Campaigns.


      a.  Adding the BSM based on award of the CIB, five BSS's, and the
bronze arrowhead;

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 August 1944, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.
However, AR 600-8-22 provides that there is no statute of limitations on
requests for award of the Purple Heart.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction

of the applicant's records will be accomplished by the Case Management
Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in
paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __lgh___  __lvb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board requests that the CMSD-St. Louis administratively correct the
records of the individual concerned by:


      a.  Deleting from the applicant's WD AGO Form 55, issued on 18 October
1944, the Italian Campaign and adding the Naples-Foggia, North Apennines,
Po Valley, and the Rome-Arno Campaigns; and


      b.  Issuing the individual three additional BSS's to be worn on the
EAME.


      c.  Issuing the individual a DD Form 215 for the period of service
ending on 18 October 1944 to show award of the BSM, five bronze service
stars to be worn on the EAME Campaign Medal, and the bronze arrowhead.



                 James E. Anderholm
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003390                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050505                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |107.0056                                |
|4.                      |107.0063                                |
|5.                      |107.0111                                |
|6.                      |                                        |


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