RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040010190


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states that during World War II, he served overseas
during the North African Campaign and also served in Italy.  He further
states that he was wounded in action on 22 February 1944 in Italy.

3.  The applicant provides:

      a.  A copy of his  WD AGO Form 53-55 (Enlisted Record and Report of
Separation),


      b.  A letter from the Medical Processing Center, Fort Jackson, South
Carolina, dated 8 March 1951.


      c.  A letter from the Veterans Administration, dated 7 May 1963.


      d.  A WD AGO Form 53 (Enlisted Record and Report of Separation-
Honorable Discharge with an effective date of 18 December 1948.

      e.  A DD Form 214 (Report of Separation from the Armed Forces of the
United States) with an effective date of 20 September 1950.

      f.  A DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) with an effective date of 30 November 1962.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 December 1945.  The application submitted in this case is
dated 9 November 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 WD AGO Form 24 (Service Record) shows he was inducted
into the Army of the United States on 1 October 1942.  He was trained and
served in the military occupational specialty 861 (Surgical Technician).
He arrived in the European -African-Middle Eastern Theater of Operations
(EAMETO) on 2 December 1944 and was assigned to Headquarters,
339th Infantry Regiment, 85th Infantry Division.

4.  The applicant departed the EAMETO on 1 August 1944.  His WD AGO Form 53-
55 shows in item 32 (Decorations and Citations) that he received the
European-African-Middle-Eastern Campaign Medal and the Medical Badge [also
known as the Combat Medical Badge].

5.  The applicant’s WD AGO Form 53-55 in Item 32 (Battles and Campaigns)
contains the entry “None.”  Item 34 (Wounds Received in Action) contains
the entry, “North Africa -22 February 1944.”

6.  The applicant’s records contain medical board proceedings from the 70th
General Hospital, dated 30 June 1944.  This document shows that the
applicant  was wounded during “battle practice” when a shell exploded near
him on
22 February 1944 near Arzew, Algeria.  It also shows that the applicant’s
injury was not classified as a battle casualty.

7.  The applicant’s WD AGO Form 24 also contains a Report of Physical
Examination of Enlisted Personnel Prior to Discharge or Release from Active
Duty which shows the applicant had a “Shrapnel wound of the chest, neck,
and shoulder-February 1944.

8. The applicant’s WD AGO Form 53-55 shows that he separated from active
duty on 18 December 1945.  He completed 2 years, 6 months, and 9 days of
creditable military service for this period.

9.  The applicant provided a letter from a medical officer assigned to the
Medical Processing Section at Fort Jackson, South Carolina, dated 8 March
1951.  The medical officer stated in his letter that the applicant had
served in World War II in the North African Campaign and was wounded in
action in Italy on 22 February 1944.  The medical officer also stated the
applicant’s military decorations included the “Combat Badge” and Purple
Heart.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Purple Heart to any member of an Armed Force who has been wounded or killed
in any action against an enemy of the United States.  The wound must have
required treatment by a medical officer and records of medical treatment
for wounds or injuries received in action must have been made a matter of
official record.
11.  Army Regulation 600-8-22 provides for the award of the Bronze Star
Medal to any person who distinguished himself or herself by heroic or
meritorious achievement or service, not involving participation in aerial
flight, in connection with military operations against an armed enemy.  It
also provides for award of the Bronze Star Medal to members of the armed
forces who, after 6 December 1941 and prior to 3 September 1945, have been
cited in orders or in a formal certificate for meritorious or exemplary
conduct in ground combat against the armed enemy.  A citation in orders for
the Combat Infantryman Badge or Medical Badge awarded in the field during
the period of actual combat against the armed enemy is considered as a
citation for exemplary conduct in ground combat.

12.  Paragraph 5-11 of the awards regulation contains the policy for
awarding the World War II Victory Medal.  It states, in pertinent part,
that it is authorized for award for service between 7 December 1941 and 31
December 1946.  Paragraph 5-12 contains guidance on awarding the European-
African-Middle Eastern Campaign Medal, and it states, in pertinent part,
that a bronze service star is authorized with this award for each campaign
a member participated in while serving in the European Theater of
Operations.

13.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit, the 339th Infantry,
85th Infantry Division, was cited for award of the French Croix de Guerre.
However a member is not authorized to wear a ribbon or other device based
on a one-time citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart and the
supporting documents he submitted were carefully considered.  However, in
order to support awarding the Purple Heart, it is necessary to establish
that the Soldier was wounded or injured as the result of hostile action,
that the wound required medical treatment, and that the medical treatment
was made a matter of official record.

2.  Evidence of record shows that the applicant was wounded in on 22
February 1944 during battle practice when a shell exploded.  However, the
available official evidence of record shows that, while he incurred
injuries on 22 February 1944, these injuries were classified as non-battle.
 Therefore, there is insufficient evidence to support award of the Purple
Heart in this case.


3.  The applicant submitted documents from a medical officer stating that
the applicant was wounded in action and that the applicant’s decorations
included Purple Heart.  However, since the 8 March 1951 letter does not
give any additional information or state that general orders were issued
awarding him the Purple Heart, there is insufficient evidence upon which to
base award of the Purple Heart in this case.

4.  The evidence of record shows that the applicant is entitled to award of
the Bronze Star Medal based on his award of the Combat Medical Badge.
Therefore his records should be corrected to show this award.

5.  Based on the applicant’s World War II service, he is entitled to an
entry on his WD AGO Form 53-55 to show the citation of French Croix de
Guerre.  He is also entitled to one bronze service star to be based on his
participation in the Rome-Arno campaign and the World War II Victory Medal.


6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 December 1945.  However, the Board
was not established until 2 January 1947.  Therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MHM _  __JTM __  __JBG __  GRANT PARTIAL 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 the WD AGO Form 53-
55 issued on 18 December 1945 of the individual concerned be corrected
by:

      a.  showing the Bronze Star Medal (based upon award of the Combat
Medical Badge);


      b.  awarding the European-African-Middle Eastern Campaign Medal with
one bronze service star and the World War II Victory Medal; and


      c.  amending his WD AGO Form 53-55 to show the entry “French Croix de
Guerre Unit Citation—No Emblem Authorized.”

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
correcting his WD AGO Form 53-55 to show he is authorized to wear the
Purple Heart.




                                  _____Melvin H. Meyer______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010190                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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