RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR2004007693


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |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 award of the Purple Heart for injuries received
during WWII.

2.  The applicant, states, in effect, that he is entitled to award of the
Purple Heart.

3.  The applicant provides in support of his application a summary of his
military history, WD AGO Form 53-55 (Enlisted Record and Report of
Separation), dated 23 January 1946, a letter from the applicant's
Congressional Representative, dated 2 September 2004, and a two page
patient data summary report from the Veterans Medical Center, dated 25 June
2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 23 January 1946, the date of his separation from the Army.  The
application submitted in this case is dated 2 March 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 military records are not available 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, the applicant
provided sufficient documents for the Board to conduct a fair and impartial
review of this case.

4.  The applicant's WD AGO Form 53-55 shows that he was inducted into the
U.S. Army on 18 August 1943 and entered active duty on 8 September 1943.
The applicant was awarded a military occupational specialty (MOS)
745 (Rifleman).  This form also shows that he was assigned to Company B of
the 315th Infantry, 79th Infantry Division, while he served in the European
African Middle Eastern Theater from 16 April 1944 through 7 January 1946.

5.  The applicant’s military records contain a WD AGO Form 53-55 (Enlisted
Record and Report of Separation Honorable Discharge) with a separation date
of 23 January 1946.
6.  Item 32 (Battles and Campaigns) of the applicant's; WD AGO Form 53-55
shows that he participated in the Normandy, Northern France, Rhineland and
Central Europe campaigns.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form
53-55 shows that he was awarded the Good Conduct Medal, World War II
Victory Ribbon, the European-African-Middle Eastern Theater Ribbon [now
known as the European-African-Middle Eastern Campaign Medal] with four
bronze service stars.  It does not show that the applicant was awarded the
Purple Heart.

8.  Item 34 (Wounds Received in Action) of this form contains the entry
"None."

9.  The applicant, in effect, provides the following details of his
military history.  The applicant states that he was drafted into the U.S.
Army in September of 1943, at the age of 18.  He further states that he was
sent to Camp Grueber, Oklahoma, for 13 weeks of basic combat training.  He
adds that at the age of 19, he was attached to Division 79 which was sent
overseas by ship to England which was one month before the invasion on 6
June 1944.  The applicant states that his division then made their way to
Utah Beach were he experienced heavy fighting.  His division continued
towards France, and passed St. Maria Elise and into Normandy.  He adds that
they were shot at by heavy artillery fire from the Germans and he hit the
ground feeling a sting in his left leg.  The applicant states that he was
too scared to feel any pain, but later took his boot off and saw blood on
his sock.  He adds that he lost track of time while under fire, in a
foxhole with another soldier whose name he cannot remember.  The applicant
states that he was not told that his company was moving on, so he and the
other Soldier were left behind, but they found the company about a month
later in France.  The applicant states that after 2 to 3 days of rest he
moved with his division to Breast Peninsula, where they slept between the
submarine's torpedoes stored in a cave/hospital.  He adds that he also
helped to guard the cave's entrance.  The applicant continues by saying
that his division traveled through Southern France, Germany and picked up
Germans who surrender because the war was over.  The applicant states that
he is now 79 years old, has shared the memories of his experiences of his
overseas service with pride of being a 19 year old American citizen, at
that time has served his country well.

10.  The letter from the Member of Congress, dated 2 September 2004, points
out that the applicant is a World War II veteran, who was wounded while his
unit was under attack and he just simply did not tell anybody.  The Member
of Congress continues by saying that in those days it was not recommended
that you go on sick call unless you were actually dying.  The Member of
Congress further states that this was the reason the applicant did not
report his injuries to his company medic.  The Member of Congress further
states that it was not until last year in June 2004, when it became known
that there was something wrong with the applicant's leg and by then it was
too late.  The Member of Congress further states that the applicant suffers
from diabetes and his leg was amputated due to diabetes.  It was during the
operation that a metallic fragment was found in his leg by his doctor.  The
Member of Congress states the applicant was asked if he had ever been
wounded while in the military by his doctor.  The applicant told the doctor
about the injuries he believed he received while stationed in the military
service overseas.  The Member of Congress acknowledges that the applicant's
military history summary provided the detailed events which caused his
wounds.  The Member of Congress also points out that a doctor's report is
provided to show that the applicant did in fact have a metallic fragment in
his leg.

11.  Patient Data Summary Report at the Veterans Medical Center, Kansas
City, dated 25 June 2003, includes two radiograph test reports.  The first
report showed that the applicant's radiograph observed a metallic fragment
in the soft tissues of the distal third (anatomy) situated farthest from
point of attachment or origin, as of a limb or bone (anatomy) of the leg
along its medial aspect.

12.  The second report shows that he received an Angio Aortofem
Catheter and the result of the radiograph showed some stasis of contrast,
[Pathology. Stoppage of the normal flow of a body substance, as of blood
through an artery or of intestinal contents through the bowels] in the
native distal aorta.

13.  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.  There is no statute of limitations governing requests for
award of the Purple Heart.

14.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his WD AGO Form 53-55.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists campaigns participated in by units
during World War II.  This document shows that, at the time of the
applicant’s assignment to the 315th Infantry Regiment, it received campaign
credit for the Ardennes-Alsace Campaign.

16.  Department of the Army Pamphlet 672-1 lists the occupation credit
awarded to units which served during the World War II.  This document shows
that while the applicant was assigned to the 315th Infantry Regiment, it
was awarded occupation credit for Germany for the periods 20 May 1945
through 14 August 1945 and 4 September 1945 through 31 October 1945.

17.  Department of the Army Pamphlet 672-1 lists unit awards received by
units participating in World War II.  This document shows that the 315th
Infantry Regiment was awarded the French Fourragere, based on the unit's
actions during the periods 19 June 1944 through 27 August 1944 and
21 November 1944 through 24 November 1944 based on Department of the Army
General Orders Number 43-50.

18.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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.  This regulation states that
authorized bronze service star will be worn on the appropriate campaign or
service medal including the European-African-Middle Eastern Campaign Medal.
 This regulation also states that a silver service star will be awarded in
lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Purple Heart
for injuries received during WWII.

2.  The applicant provided a medical examination record, dated 25 June
2003, which indicated the presence of metallic fragment in the soft tissues
of the applicant's leg.  However, the medical examination record is
insufficient by itself to outweigh the regulatory requirement that the
wound or injury must be treated by a medical officer and records of medical
treatment must have been made a matter of official record of the condition
received in action.

3.  Additionally, the supporting statements provided in behalf of the
applicant shows that by his own account he did not seek medical treatment
nor did he inform his chain of command of the incident.  Therefore, the
applicant is not eligible for award the Purple Heart.

4.  Evidence of record shows the applicant's military service is within the
required time frame for the award of the Army of Occupation Medal with
Germany Clasp.  Therefore, the applicant is entitled to the award of the
Army of Occupation Medal with Germany Clasp.



5.  Evidence of record shows that while the applicant was assigned to the
315th Infantry Regiment, it was cited for award of the French Fourragere.
Therefore, the applicant is entitled to correction of his records to show
this foreign unit award.

6.  Evidence of record shows the applicant's military record shows that
while he was assigned to the 315th Infantry Regiment, his unit received
campaign credit for the Ardennes-Alsace Campaign.  Therefore, the applicant
is entitled to an additional campaign credit.

7.  Evidence of record show the applicant participated in five campaigns
during his service in World War II.  The applicant is therefore entitled to
award of one silver service star to be worn on his European-African-Middle
Eastern Campaign Medal.

8.  Records show the applicant should have discovered the error or
injustice now under consideration on 23 January 1946, the date of his
relief from active duty. However, the ABCMR was not established until
2 January 1947.  As a result, 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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____WP_  __LB____  ___JG___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three-
 year statute of limitations in this case.

2.  The Board determined that 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 to show award of
the Purple Heart.
3.  The Board further 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 to show he was awarded the Army of Occupation Medal with Germany
Clasp, the French Fourragere, the Ardennes-Alsace Campaign and one silver
service star to be affixed to the applicant's European-African-Middle
Eastern Campaign Medal.





                  _William D. Powers
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007693                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/28                              |
|TYPE OF DISCHARGE       |CovnOfGov                               |
|DATE OF DISCHARGE       |1946/01/23                              |
|DISCHARGE AUTHORITY     |615-365                                 |
|DISCHARGE REASON        |Demoblization                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Director                                |
|ISSUES         1.       |107.0015.                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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