RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040010203


      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. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, as the son of a deceased former service member (FSM),
requests correction of his late father’s records to show award of the
Purple Heart.

2.  The applicant states that the Purple Heart ribbon has been on his
father’s uniform since he was discharged in 1945. He continues that the FSM
carried shrapnel in his right eyebrow since the war.  The applicant
maintains that the FSM’s Bronze Star Medal was omitted from his discharge
document and this award had been verified and corrected.

3.  The applicant further states that his father was very proud of his
service and always believed that he earned his medals.  The applicant
states the purpose of his request is to add the Purple Heart to his
father’s grave marker.

4.  The applicant provides a photograph of his father wearing his World War
II Uniform, a document from the Army Service Forces Reception Station, and
a death certificate pertaining to the FSM from the Ohio Department of
Health

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 September 1945, the date of the FSM’s separation from active duty.  The
application submitted in this case is dated 18 October 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 FSM's military records were not available to the Board for review.
A fire destroyed approximately 18 million service members' records at the
National Personnel Records Center in 1973.  It is believed his records were
lost in that fire.  However, there were sufficient documents in the
reconstructed record to allow the Board to conduct a fair and impartial
review of this case.  This case is being considered using reconstructed
records that primarily consist of the applicant’s separation document.

4.  The FSM’s separation document (WD AGO Form 53-55) shows he was inducted
into the Army and entered active duty on 4 August 1941.  This document also
shows the FSM held the military occupational specialty (MOS) 844 (Gunner-
Light Artillery).  He continuously served until being honorably separated
on 3 September 1945.

5.  The WD AGO Form 53-55 also shows the FSM served in the European Theater
of Operations (ETO) from 29 January 1944 through 2 July 1945.
During the FSM’s tenure on active duty, he earned the European-African-
Middle Eastern Service Medal with 6 bronze service stars and a bronze
arrowhead, the American Defense Service Medal, and the Good Conduct Ribbon.
 The Purple Heart is not among the awards listed.

6.  The FSM’s records contain a DD Form 215 (Correction to DD Form 214),
dated 28 October 2004 which shows his records were corrected to add the
Bronze Star Medal.

7.  Item 32 (Battles and Campaigns) of the FSM’s WD AGO Form 53-55
indicates the FSM participated in the Normandy, Northern France, Rhineland,
Southern France, Central Europe, and Ardennes campaigns during World War
II.

8.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-
55 contains the entry “None” and the FSM authenticated the separation
document with his signature in item 56 (Signature of the Person Being
Separated).

9.  There are no General Orders in the available records supporting award
of the Purple Heart.  There is also no evidence in the FSM’s military
records which show he was wounded or treated for wounds as a result of
hostile action.

10.  On 28 October 2004, the National Personnel Records Center, St. Louis,
Missouri, responded by letter to the applicant in regard to his father’s
awards.  The letter stated, in part, that no record was found to show the
FSM was given medical treatment for wounds or injuries received in action.
The letter also stated in the absence of such records, the Purple Heart may
not be authorized.

11.  A copy of General Orders Number 46, Headquarters, 4th Infantry
Division, dated 31 July 1944 was obtained from the Human Resources Command,
Military Awards Branch, Alexandria, Virginia.  These orders show that the
FSM was awarded the Bronze Star Medal for heroic achievement in connection
with military operations against an enemy of the United States in Normandy,
France.


12.  The applicant provided a photograph of his father [the FSM] wearing
his World War II uniform with award ribbons displayed including a ribbon
for the Purple Heart.  The applicant also provided a partially legible
document which appears to be a checklist for awards authorized upon the
FSM’s separation from active service at Camp Atterbury, Indiana.  The
Purple Heart appears with a check mark among other awards.

13.  The applicant provided a self-authored letter in which he stated that
his father [the FSM] never shared the details of his experiences in the
war, but had a piece of shrapnel lodged in his right eyebrow.  He also
stated the FSM had a spent round in his elbow as the result of a strafing.
The applicant continued that he did not believe his father was ever
hospitalized and when asked about the medal, he just simply stated that he
was hit with shrapnel.

14.  A search of historical files for Battery C, 44th Field Artillery
Battalion, 4th Infantry Division at the National Archives in College Park,
Maryland fail to show the FSM was awarded the Purple Heart.

15.  Army Regulation 800-8-22 (Military Awards) 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.  There is no statue of limitations governing requests for
award of the Purple Heart.

16.  Army Regulation 600-8-22 provides, in pertinent part, that a silver
service star is authorized in lieu of five bronze service stars.

17.  Paragraph 5-10 of the awards regulation contains guidance on award of
the Army Occupation Medal.  It states, in pertinent part, that it is
awarded for the occupation of Germany for the period between 9 May 1945 and
5 May 1955.  It further indicates that service between 9 May and 8 November
1945 will be counted only if the European-African-Middle Eastern Campaign
Medal was awarded for service before 9 May 1945.  The applicant’s unit, the
44th Field Artillery Battalion, 4th Infantry Division, received occupation
credit for Germany for the period 2 May to 4 June 1945.

18.  Paragraph 5-11 of the awards regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that it was awarded
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.


19.  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 record shows the unit to
which the FSM was assigned, the 44th Field Artillery Battalion, 4th
Infantry Division, was awarded the Distinguished Unit Citation for the
period 6 to 18 June 1944 based on War Department General Order 86-46.

20.  Department of the Army Pamphlet 672-1 also shows the 44th Field
Artillery Battalion, 4th Infantry Division was awarded the Belgian
Fourragere for the periods 7 to 13 September and 16 to 21 December 1944
based on Department of the Army General Orders Number 43-50.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of the FSM’s entitlement to the Purple Heart was
carefully considered.  However, by regulation, in order to support award of
the Purple Heart, there must be evidence to confirm that a member was
wounded or injured as a result of enemy action, that he was treated for the
wound or injury by military medical personnel and a record of this medical
treatment must have been made a matter of official record.

2.  The applicant provided a document pertaining to the FSM which appears
to be a check mark beside the Purple Heart as an authorized award and a
photograph of the FSM wearing the ribbon for the Purple Heart.  However,
the available records are void of any indication that the FSM ever received
or was treated for a combat related wound or injury.

3.  The veracity of the applicant’s claim that the FSM was injured by
shrapnel while serving in the ETO is not in question.  However, absent any
evidence of record to corroborate that the FSM sustained and/or was treated
for a combat related wound/injury, the regulatory burden of proof necessary
to support award of the Purple Heart has not been satisfied in this case.

4.  Regrettably, in the absence of records prepared at the time of the
FSM’s service which show that he was wounded or injured as a result of
hostile action, there is insufficient evidence upon which to base award of
the Purple Heart in this case.

5.  Records show the FSM participated in six campaigns during his service.
Therefore, his records should be corrected to show one silver service star
and one bronze service star to be affixed to his European-African-Middle
Eastern Campaign Medal.
6.  The Department of the Army Pamphlet 672-1(Unit Citation and Campaign
Participation Credit Register) shows the FSM’s unit was awarded the
Distinguished Unit Citation.  Therefore, he is entitled to correction of
his records to show this award.

7.  Evidence of record shows the FSM met the eligibility criteria for award
of the Army of Occupation Medal with Germany Clasp.  Therefore, this award
should be added to his WD AGO Form 53-55.

8.  While the FSM was assigned to the 44th Field Artillery Battalion, 4th
Infantry Division, the unit was cited for award of the Belgian Fourragere.
Therefore, his WD AGO Form 53-55 should be corrected to show this foreign
unit award.

9.  The applicant served a period of qualifying service for award of the
World War II Victory Medal; therefore, his records should be corrected to
show this award.

10. Records show the alleged error or injustice now under consideration
should have discovered on 3 September 1945.  However, the ABCMR was not
established until 2 January 1947.  Therefore, the time to file a request
for correction of any error or injustice expired on 1 January 1950.
Although the request was not submitted within the ABCMR’s statute of
limitations, it is appropriate to waive failure to timely file based on the
fact that there is no statute of limitations on requests for award of the
Purple Heart.

11.  Evidence shows that the FSM’s records contain administrative error
which does not required action by the Board.  Therefore, administrative
correction of the FSM’s records will be accomplished by the Case Management
Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in
paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM __  __WDP  _  __LJO    _  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is in the best interest of justice to
excuse failure to timely file.

2.  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that CMSD-
St. Louis administratively correct the records of the individual concerned
to show European-African-Middle Eastern Campaign Medal with one silver
service star and one bronze service star, the Distinguished Unit Citation,
the Belgian Fourragere, the World War II Victory Medal, and the Army of
Occupation Medal with Germany Clasp.




                                  ____William D. Powers ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010203                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | DENY                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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