RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  20 July 2004
      DOCKET NUMBER:  AR2004100075


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Kenneth Lapin                 |     |Member               |
|     |Mr. Antonio Uribe                 |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 injuries
he sustained during World War II.

2.  The applicant states the he was injured (broken arm) during shelling of
his position while serving with the 2nd Engineer Combat Battalion in
Belgium in October 1944.  He broke his arm crossing a hedgerow to avoid the
advancing artillery shelling by the German army on their position.  He
spent 6 weeks in the hospital near Paris, France.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The Veterans County Service Officer, as counsel for the applicant,
requests that the applicant be awarded the Purple Heart.

2.  Counsel states that he received a letter from the Army Human Resources
Command (AHRC)-St. Louis requesting additional information that was
completed and returned on 2 September 2003.  He enclosed a copy of a
Surgeon General Hospital (SGO) Hospital Listing that supported the
applicant's claim that he was injured in battle.

3.  Counsel provides a copy of an SGO Hospital Listing with supporting
documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 November 1945, the date of his discharge.  The application
submitted in this case is dated 19 August 2003.

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 were destroyed in the National
Personnel Records Center fire of 1973.  Records available to the Board were
obtained from alternate sources and show that he was inducted on
10 September 1941 and served as a light truck driver (345).  He was
assigned to the 2d Engineer Combat Battalion.  He served in the European
Theater of Operations (ETO) from 18 October 1943 to 29 October 1945 and was
honorably discharged on 12 November 1945.

4.  The applicant’s WD AGO Form 53-55 shows that he was credited with
participation in four campaigns and was awarded the Good Conduct Medal, the
Bronze Star Medal, and the American Defense Service Ribbon.  His discharge
document does not show the Purple Heart as an authorized award.

5.  Item 34 (Wounds Received In Action) of the applicant’s WD AGO Form 53-
55, which was authenticated in his own hand, shows the entry "None."  There
is no record that the applicant was awarded the Purple Heart and there are
no medical records available.

6.  The SGO Hospital Listing, provided by counsel, shows that the applicant
received a battle injury in August 1944, while serving in the ETO.  He was
diagnosed as having a simple fracture to his tarsal bone that was caused by
a jump.  He was hospitalized for 107 days and his injury was considered in
line of duty.

7.  The available records contained a WD AGO Form 38 (Report of Physical
Examination of Enlisted Personnel Prior to Discharge, Release from Active
Duty), dated 11 November 1945.  It indicated that the applicant incurred a
broken bone to his right hand during August 1944 and spent 4 months in a
hospital.  He also spent another 2 months in the hospital for another
injury.

8.  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.

9.  Army Regulation 600-8-22, provides, in pertinent part, that the
European-African-Middle Eastern (EAME) Campaign Medal is awarded for
service within the European African-Middle Eastern Theater between
7 December 1941 and 8 November 1945.  This medal is awarded to any service
member who was permanently assigned in the theater, who was in a passenger
status or on temporary duty for 30 consecutive days or 60 nonconsecutive
days, or who was
in active combat against the enemy and was awarded a combat decoration, or
who was furnished a certificate by the commanding general of a corps or
higher unit or independent force showing that he actually participated in
combat.

10.  Army Regulation 600-8-22 shows that while the applicant was serving in
the EAME Theater of Operations he participated in five campaigns; however,
only four are shown.  The Northern France Campaign was omitted from his
separation document.  The regulation also states that authorized bronze
service stars will be worn on the appropriate service or campaign medal and
that one silver service star will be awarded in lieu of five bronze service
stars.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the American Campaign Medal.  This campaign medal is
awarded for qualifying service in the American Theater between 7 December
1941 and 2 March 1946.  Qualifying service includes permanent assignment
outside the Continental United States, duty as a crewmember aboard a vessel
sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty
outside the continental United States as a passenger or in a temporary duty
status for 30 consecutive or 60 nonconsecutive days, or active combat
against the enemy and was awarded a combat decoration or furnished a
certificate by a corps commander or higher, or service within the
continental United States for an aggregate period of one year.

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows, among other
information, occupation credit during World War II.  This document shows
the unit to which the applicant was assigned, the 2nd Combat Engineer
Battalion, 2nd Infantry Division, received occupation credit for Germany
for the period from 2 May to 5 July 1945.  The applicant's unit was also
cited twice for the Belgian Fourragere for the period 13 to 19 December
1944 and from 19 to 30 December 1944 by Department of the Army General
Orders 43-50 and was cited for award of the Presidential Unit Citation for
the period13 to 23 December 1944, by War Department General Orders 12-45.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.






DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was diagnosed as having
a broken arm that was caused by a jump in August 1944 while serving in the
ETO. His injury was considered as a battle injury incurred during the line
of duty.  Therefore, this evidence is sufficient to approve and correct his
records to show the award of the Purple Heart.

2.  The applicant was eligible for the EAME Campaign Medal based on his
service in the ETO.  He participated in five campaigns and is entitled to
one silver service star associated with the EAME Campaign Medal.

3.  The applicant was awarded the American Campaign Medal, was eligible for
the Army of Occupation Medal with Germany Clasp, cited twice for the
Belgian Fourragere, was awarded the Presidential Unit Citation, and
entitled to the World War II Victory Medal.  Therefore, he is entitled to
correction of his records to show these awards.

BOARD VOTE:

__fe___  ___kl___  ___au___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a.  by showing the entry "Northern France " in item 32 (Battle and
Campaigns); and








      b.  by showing in item 33 (Decorations and Citations) of his WD AGO
Form 53-55) that he was awarded the Purple Heart, the European-African-
Middle Eastern Campaign Medal with one silver service star, the American
Campaign Medal, the Army of Occupation Medal with Germany Clasp, the
Belgian Fourragere, the Presidential Unit Citation, and the World War II
Victory Medal.




            ___Fred Eichorn______
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100075                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040720                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451112                                |
|DISCHARGE AUTHORITY     |AR 615-365 . . . . .                    |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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