RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2004
      DOCKET NUMBER:  AR20040010979


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. Mcgann Jr.         |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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, in effect, that he was wounded during the Battle
of the Bulge by enemy shell fragments to his left calf.  He further states
that he was treated at an aid station and was released back to duty.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge); a self-authored letter, dated 29
November 2004; a VA Form 10-2614 (Clinical Record-Final Summary), dated
3 May 1949; a memorandum dated 9 March 2004 from the Department of Veterans
Affairs; and a memorandum dated 1 November 2004 from the U.S. Army Human
Resources Command.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 January 1946.  The application submitted in this case is
dated 22 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 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 military records are 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 that the
applicant’s records were lost or destroyed in that fire.  However, this
case is being considered using reconstructed records, which primarily
consist of his WD AGO Form 53-55 and VA Form 10-2614 (Clinical Record-Final
Summary).

4.  The applicant's WD AGO Form 53-55 with the ending period 27 January
1946 shows he was inducted and entered active duty on 11 March 1943.  The
applicant served in the European theater of operations from 25 October 1944
through 12 January 1946.  Records show that while he served in Europe he
was assigned to Headquarters Battery, 308th Field Artillery, 78th Infantry.
 He was honorably discharged on 27 January 1946 after participating in
three campaigns.

5.  Item 33 (Decorations and Citations) shows the applicant was awarded the
European-African-Middle Eastern Theater Campaign Ribbon, the "American
Service Medal," the Army Good Conduct Medal, and the World War II Victory
Medal.  Item 34 (Wounds Received in Action) contains the entry "NONE."

6.  There are no General Orders in the applicant's records that show he was
awarded the Purple Heart.

7.  The applicant submitted a self-authored letter, dated 29 November 2004.
 This letter stated, in effect, that during the Battle of the Bulge German
88 artillery continuously shelled his unit position.  He continued to state
that he was hit in the left calf by shell fragments.  He immediately went
to the field aid station and was treated by a medic who he personally knew.
 After he was treated at a field aid station he was released back to duty.

8.  The applicant submitted a VA Form 10-2614 (Clinical Record-Final
Summary), dated 3 May 1949, that shows a small nodule [a small abnormal
knobby bodily protuberance, as a tumorous growth or a calcification near an
arthritic joint] was removed from his left calf.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards and campaign
participation credit received by units serving during World War II.  This
document shows that the 308th Field Artillery, 78th Infantry Division was
awarded occupation credit for Germany for the period 2 May through 31
October 1945.



10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Army of Occupation Medal is awarded for service of 30
consecutive days at a normal post of duty in a qualifying location.  For
Germany, service must have been between 9 May 1945 and 5 May 1955 and the
European-African-Middle Eastern Campaign Medal (formerly designated a
Theater Ribbon) must have been awarded prior to 9 May 1945.

11.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze
service star, based on qualifying service, for each campaign listed in
Appendix B of this regulation or listed in item 32 (Battles and Campaigns)
of the WD AGO Form
53-55.  The regulation states a silver service star is authorized in lieu
of five bronze service stars.

12.  Army Regulation 600-8-22 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence, such as
eyewitness accounts from his chain of command at the time or medical
personnel who treated his wounds, that shows he was wounded or treated for
wounds as a result of hostile action.

2.  The applicant provided a VA Form 10-2614 (Clinical Record-Final
Summary). The clinical summary showed that the applicant had minor surgery
to his left calf and that the surgery was successful.

3.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, there is insufficient
basis for award of the Purple Heart in this case.

4.  The applicant met the eligibility criteria for award of the Army of
Occupation Medal with Germany clasp and three bronze service stars to be
worn on his European-African-Middle Eastern Campaign Medal.  These is
awards should be added to his WD AGO Form 53-55.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 January 1946.  However, the ABCMR
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 in this case
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

6.  Evidence shows that the applicant’s records contain administrative
errors which do 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

__ LDS __  __ PHM    _ LGH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of the Army of Occupation Medal with
Germany clasp and three bronze service stars to be worn on his European-
African-Middle Eastern Campaign Medal.




                                  ___ Linda D. Simmons__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010979                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |26 July 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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