RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 JUNE 2005
      DOCKET NUMBER:  AR20040006997


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |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, and that his record
be updated.

2.  The applicant states that his commanding officer was killed in battle
prior to completion of the paperwork process in order for him to be awarded
the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation), and a copy of a medical report.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 October 1945.  The application submitted in this case
is dated    20 August 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 limitations 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 report of separation shows that he entered on active
duty on 28 August 1943 and served with Headquarters and Headquarters
Company,    41st Armored Infantry Regiment in the European Theater of
Operations during World War II, arriving in that theater in April 1944 and
returning to the United States in October 1945.  He participated in five
campaigns, and was awarded the European-African-Middle Eastern Service
Medal, the Good Conduct Medal, the Bronze Star Medal with one oak leaf
cluster, and the Combat Infantryman Badge. Added to that report in
different type is an entry showing award of the ”Belgian Fournagere (sic).”
 Item 34 (Wounds Received in Action) contains the entry, “NONE.”

4.  A medical report, dated 17 October 1944, shows that the applicant was
slightly injured on that date, sustaining a contusion to his left hand over
the proximal end of the second metacarpal.  His injury was moderately
severe and was incurred in the wreck of a ¼ ton truck in Germany.  He was
transferred to the 41st Evacuation Hospital on 19 October 1944.  The
medical report indicates that he was entitled to award of the Purple Heart
and that he was a battle casualty.

5.  The applicant’s service record shows that he was awarded the Belgian
Fourragere.  His service record also shows award of the “Unit Citation
Badge.”

6.  On 19 September 2000 the National Personnel Records Center authorized
the issuance to the applicant of the Bronze Star Medal with one oak leaf
cluster, the Good Conduct Medal, the European-African-Middle Eastern
Campaign Medal with one silver service star, the World War II Victory
Medal, the Combat Infantryman Badge, the Belgian Fourragere, the Honorable
Service Lapel Button World War II, and the Marksman Badge with carbine bar.


7.  The Unit Citation and Campaign Participation Credit Register shows that
the    41st Infantry Regiment was awarded the Distinguished Unit Citation
(now the Presidential Unit Citation) for its actions from 29-30 June 1944,
and the Belgian Fourragere for its actions on 2 September 1944 and 21-28
December 1944, periods during which the applicant was assigned to that
regiment.  The 41st was also given occupation credit for the period 2 May
to 29 September 1945.

8.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the European-African-Middle Eastern Campaign Medal.  A silver star is worn
instead of five bronze service stars.

9.  The Army of Occupation Medal with Germany clasp is awarded for
occupation of Germany between 9 May 1945 and 5 May 1955.

10.  The World War II Victory Medal is awarded for service between 7
December 1941 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a battle casualty on 17 October 1944.  The medical
record reflecting his injury shows that he was entitled to award of the
Purple Heart.  Consequently, his record should show that he was wounded in
action on            17 October 1944.  He merits award of the Purple Heart.


2.  The applicant is entitled to award of the European-African-Middle
Eastern Campaign Medal with one silver service star, the Presidential Unit
Citation, the Belgian Fourragere, the Army of Occupation Medal with Germany
clasp, and the World War II Victory Medal.

BOARD VOTE:

___FE  __  ___TO__  ___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 showing that the applicant was wounded
in action on 17 October 1944, and by showing award of the Purple Heart, the
European-African-Middle Eastern Campaign Medal with one silver service
star, the Presidential Unit Citation, the Belgian Fourragere, the Army of
Occupation Medal with Germany clasp, and the World War II Victory Medal.




                            ______ Fred Eichorn________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006997                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050602                                |
|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.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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