RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          25 August 2005
      DOCKET NUMBER:  AR20040011576


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 that he be awarded the Purple Heart for wounds
received in action during World War II (WWII).

2.  The applicant states that he received a shrapnel wound to the right leg
from a shell explosion and was treated in the field of fire in Germany.  He
goes on to state that he should have received a Purple Heart at the time
and believes that because he was black, he was overlooked.  He continues by
stating that he was a young and humble man and only wanted to defend and
serve his country.  He is now 84 years of age and simply wants to be
recognized for his efforts.

3.  The applicant provides a copy of his report of separation (WD AGO Form
  53-55).

CONSIDERATION OF EVIDENCE:

1.  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, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

2.  He was born on 22 June 1921 and was inducted on 29 October 1942.  He
entered active duty at Fort Benning, Georgia, on 11 November 1942 and
successfully completed his training.

3.  He departed for the European-African-Middle Eastern Theater (EAMET) of
Operations on 1 March 1944 and arrived there on 7 March 1944.  He was
assigned as an ammunition handler to the 969th Field Artillery Battalion,
which was to become the first black combat unit in WWII to be awarded the
Distinguished Unit Citation for its actions around Bastogne.

4.  He served in the Normandy, Northern France, Ardennes, Rhineland and
Central Europe Campaigns and attained the rank of private first class.

5.  He departed the EAMET of Operations on 30 September 1945 and was
transferred to Fort Gordon, Georgia, where he was honorably discharged on
14 October 1945.  He had served 1 year, 3 months and 22 days of Continental
service and 1 year, 7 months and 9 days of foreign service.  His WD AGO
Form 53-55 shows that he was awarded the EAMET Service Medal, the Good
Conduct Medal, and the Distinguished Unit Citation (now known as the
Presidential Unit Citation).

6.  Item 34 of his WD AGO Form 53-55, under “Wounds Received in Action”
contains the entry “None”.  A review of the available records fails to show
any evidence of the applicant being wounded in action or the treatment for
such wounds being a matter of record.

7.  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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

8.  Army Regulation 600-8-22 also provides in pertinent part, that the WW
II Victory Medal was established by the act of Congress 6 July 1945 (59
Stat 461). It was awarded for service between 7 December 1941 and 31
December 1946, both dates inclusive.  It further states, that the Army of
Occupation Medal (Germany) is awarded for service for 30 consecutive days
at a normal post of duty while assigned to the Army of Occupation of
Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.
Department of the Army Pamphlet also confirms that the applicant’s unit was
granted occupation credit.  Additionally, it provides that a bronze service
star will be awarded to denote each campaign in which an individual
participates and that a silver service star will be issued to denote
participation in five campaigns.

9.  Army Regulation 600-8-22 further provides that the American Campaign
Medal is awarded for service in the American Theater between 7 December
1941 and 2 March 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded in action during WWII
has been noted.  However, he has failed to show through the evidence
submitted with his application or the evidence of record that he was in
fact wounded as a result of enemy action and that the treatment for such
wounds was made a matter of record.

2.  Therefore, absent evidence to substantiate his contention, there
appears to be no basis to award him the Purple Heart at this time.
3.  However, the evidence of record does establish that the applicant is
entitled to be awarded the WWII Victory Medal, the Army Occupation Medal –
Germany, the American Campaign Medal and one silver service star for wear
on his already awarded EAMET Service Medal.

4.  Evidence shows that the applicant’s records contain administrative
error which does 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

__mkp___  __reb___  __lmb___  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 error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding him the WWII Victory Medal, the Army Occupation Medal
– Germany, the American Campaign Medal and one silver service star for wear
on his already awarded EAMET Service Medal.



                 Margaret K. Patterson
            ______________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011576                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY w/note)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.107.0060              |106/aogm                                |
|3.107.0063              |109/acm                                 |
|4.107.0066              |112/wwii vm                             |
|5.                      |                                        |
|6.                      |                                        |


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