RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 July 2005
      DOCKET NUMBER:  AR20040010985


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard 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, as the son of a deceased former service member (FSM),
requests that his father's WD AGO Form 53-55 (Enlisted Record and Report of
Separation) be corrected to show the Purple Heart and the Bronze Star Medal
(based on award of the Combat Infantryman Badge).

2.  The applicant states, in effect, that his father's jeep accident on 10
June 1945 was caused by an explosion due to enemy shell fire or a mine
explosion.  He also states that when replacement medals were ordered for
his father, they received a Bronze Star Medal in the shipment and this
medal is not shown on his WD AGO Form 53-55.

3.  The applicant provides a handwritten orthopedic examination, dated 1
March 1948; a WD AGO Form 100 (Separation Qualification Record); and the
FSM's WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The FSM’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 FSM’s
records were lost or destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record for the Board to
conduct a fair and impartial review of this case.

2.  The FSM was inducted on 18 July 1944.  He served in the European
Theater of Operations from 15 January 1945 through 18 August 1945 and was
honorably discharged on 21 April 1946.

3.  Item 6 (Organization) on the FSM’s WD AGO Form 53-55 shows he was
assigned to the Company A, 274th Infantry Regiment.  Item 32 (Battles and
Campaigns) on his WD AGO Form 53-55 shows he participated in two battles
and campaigns.  His WD AGO Form 53-55 shows the American Campaign Medal,
the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal,
and the World War II Victory Medal as authorized awards.  Item 34 (Wounds
Received in Action) on his WD AGO Form 53-55 shows the entry, "NONE."  His
WD AGO Form 53-55 also shows he received the Combat Infantryman Badge.

4.  In support of his claim, the applicant provides a handwritten
orthopedic examination, dated 1 March 1948.  This report states, in
pertinent part, "In May (I think) 1946, was riding in a jeep.  I really
don't remember what happened, but I think I heard a loud explosion.  Was
unconscious for several days.  My body was in a cast from my neck down to
my waist."

5.  A service medical record, dated 10 June 1945, shows the FSM was injured
in a jeep accident in Scheirstein, Germany.  He sustained a contusion,
fractured skull, and was in an unconscious condition at that time.

6.  A WD AGO Form 8-38 (Special Examination or Additional Data), dated
12 December 1945, states that on 10 June 1945 in Germany the FSM received a
blow on the right forehead and temporal region in a jeep accident and was
unconscious for four days.

7.  A Clinical Record Brief, dated 5 January 1946, shows the FSM was
accidentally injured in a jeep accident on 10 June 1945 in Germany.

8.  Item 11 (List all significant diseases, wounds and injuries) of the
FSM's WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel
Prior to Discharge, Release from Active Duty or Retirement), dated 20 April
1946, shows he sustained a skull fracture and a fractured right clavicle on
10 June 1945 in a jeep accident in Germany and was hospitalized for 11
months.

9.  There is no evidence in the available records that shows the FSM was
awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II.  This document shows the FSM's unit received
occupation credit for Germany for the period 20 May 1945 to 18 September
1945.

11.  Army Regulation 600-8-22 (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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is 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 Combat Infantryman Badge or the Combat Medical Badge is considered
to be a citation in orders.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that his father's jeep accident on 10
June 1945 was caused by an explosion due to enemy shell fire or a mine
explosion, contemporaneous medical evidence of record shows the FSM was
accidentally injured in a jeep accident on 10 June 1945.  There is no
evidence in the available records which shows that the FSM was wounded or
injured a result of hostile action during World War II.  Regrettably, there
is insufficient evidence on which to base award of the Purple Heart in this
case.

2.  Based on award of the Combat Infantryman Badge, the FSM is entitled to
award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to
show this medal.

3.  The FSM participated in two campaigns during World War II which
entitles him to award of the European-African-Middle Eastern Campaign Medal
with two bronze service stars.

4.  The FSM's unit received occupation credit for Germany which entitles
him to award of the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

LS______  PM_____  LH______  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 all Department of the Army
records of the individual concerned be corrected by amending his WD AGO
Form 53-55 to show that he was awarded the Bronze Star Medal (based on
award of the Combat Infantryman Badge), the European-African-Middle Eastern
Campaign with two bronze service stars, and the Army of Occupation Medal
with Germany Clasp.

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
award of the Purple Heart.




            __Linda Simmons________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010985                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0014                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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