RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 July 2004
      DOCKET NUMBER:  AR2004100262


      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. Klaus P. Schumann             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Mr. Antonio Uribe, Jr.            |     |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, in effect, award of the Purple Heart, Bronze
Star Medal (BSM), Army of Occupation Medal, and American Defense Medal.
Additionally, he requests correction of Item 4 (Organization) of his
separation document (WD AGO Form 53-55) to show his correct unit of
assignment as the 399th Infantry Regiment and Item 33 (Decorations and
Awards) to show the unit issuing General Orders (GO) Number 206 as the
100th Infantry Division vice the 200th Infantry Division, as is currently
listed.

2.  The applicant states, in effect, that he was assigned to the 399th
Infantry Regiment as opposed to the 299th Infantry Regiment as is currently
entered in Item 4 of his separation document.  He further states that the
100th Infantry Division and not the 200th Infantry Division was the issuing
unit for GO Number 206.  The applicant also claims that an artillery shell
hit near his location and the concussion leveled his bedroom and left him
cut, bruised and with no hearing.  In addition, his right ear bled for
several days and he was treated at the Regimental Aid Station.  He states
that even though his hearing was permanently damaged, he was returned to
duty after several days.  He also states that during his service in the
Army, he guarded President Roosevelt's train, which he contends supports
his entitlement to the American Defense Service Medal.

3.  The applicant provides a self-authored letter, dated 21 July 2003, and
a copy of his WD AGO 53-55 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 March 1946.  The application submitted in this case is
dated 23 October 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 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 in that fire.  This case is being considered
using reconstructed records, which primarily consist of the applicant’s
separation document.

4.  The WD AGO Form 53-55 issued to the applicant on the date of his
separation shows that he was inducted into the Army of the United States
and entered active duty on 11 December 1942.  This document further shows
that he continuously served on active duty until being honorably separated
on 5 March 1946.

5.  The applicant’s WD AGO Form 53-55 also shows that the applicant served
in the European Theater of Operations (ETO) from 20 October 1944 through
17 February 1946, and that he was assigned to Headquarters Company,
299th Infantry Regiment.  It also shows that while serving in the ETO, he
was credited with participating in the Rhineland and Central Europe
campaigns of World War II.

6.  The applicant’s WD AGO Form 53-55 further shows that during his active
duty tenure, he earned the following awards:  European-African-Middle
Eastern Campaign Medal; American Campaign Medal; Good Conduct Medal; World
War II Victory Medal; Distinguished Unit Citation (now known as the
Presidential Unit Citation); and Combat Infantryman Badge.  The
Distinguished Unit Citation entry indicates it was authorized to the
applicant in Headquarters, 200th Infantry Division General Orders.

7.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-
55 contains the entry “None.”  Further, there are no orders or other
documents on file that indicate the applicant ever received or was treated
for a combat related wound/injury, or that he was recommended for or
awarded the PH.

8.  Item 4 of the applicant’s separation document shows that he was
assigned to Headquarters Company, 299th Infantry Regiment.  However, his
Honorable Discharge Certificate shows his unit of assignment as
Headquarters Company, 399th Infantry Regiment.
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.

10.  Paragraph 3-13d (2) of the awards regulation states, in effect, that
the BSM is authorized to members of the Armed Forces of the United States
who, after
6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.  This means, in effect, that the Bronze Star Medal is to be awarded
to individuals who were authorized the CIB for service during World War II.

11.  Paragraph 5-12 of the awards regulation contains guidance on award of
the European-African-Middle Eastern Campaign Medal.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member participated in while serving in the ETO.
Paragraph 5-19 contains guidance on award of the American Defense Service
Medal.  It states, in pertinent part, that this award is authorized for
service within the American Theater for a period of 12 months or longer
between 8 September 1939 and 7 December 1941.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Credit Register) lists the unit awards and campaign participation received
during WW II.  This publication indicates that the 299th Infantry Regiment
participated in the Central Pacific campaign in World War II.  It further
shows that the 399th Infantry Regiment was credited with participating in
the Ardennes, Rhineland and Central Europe campaigns of World War II and
was awarded the Army of Occupation Medal with Germany Clasp.  This
publication does not list the 200th Infantry Division as a participating
division during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the PH due to the
hearing loss he suffered as a result of artillery fire was carefully
considered.  However, by regulation, in order to award the Purple Heart it
is necessary to establish that a soldier was wounded in action, that the
wound required treatment by a medical officer, and the record of medical
treatment must have been made a matter of official record.
2.  The veracity of the applicant's claim that he was wounded/injured
during his World War II service is not in question.  However, absent any
evidence of record or independent evidence to support his claim of
entitlement to the PH, the regulatory burden of proof necessary to support
award of the PH has not been satisfied in this case.

3.  The available evidence does confirm that the applicant earned the CIB
during his World War II service.  Therefore, by regulation, he is entitled
to receive the BSM, for his exemplary conduct in ground combat against an
armed enemy while serving in the ETO from 20 October 1944 through 2
September 1945.

4.  The evidence also confirms that during the applicant’s tenure on active
duty, the 299th Infantry Regiment was assigned to the Pacific Theater of
Operations.  The 399th Infantry Regiment was assigned to the ETO during
World War II and the applicant’s separation document confirms he served in
the ETO and participated in the same campaigns that were credited to the
399th Infantry Regiment.  Further, the applicant’s Honorable Discharge
Certificate lists his organization as the 399th Infantry Regiment, which
corroborates his claim that he served with this unit.  Therefore, it
reasonable to presume that his correct unit of assignment was the 399th
Infantry Regiment and it would be appropriate to correct Item 4 of his
separation document to reflect this unit at this time.

5.  The applicant's contention that he is entitled to the American Service
Defense Medal was also considered.  However, this decoration was authorized
for service in the American Theater between 8 September 1939 and 7 December
1941.  It is clear the applicant did not enter active duty until a year
after this qualifying period and as a result is not authorized this award.
It is noted that the applicant was in fact awarded the American Campaign
Medal, as indicated in his separation document, which may be the service
ribbon the applicant alludes to.

6.  The evidence does show that based on his service and campaign
participation in the ETO, the applicant is entitled to the Army of
Occupation Medal with Germany Clasp and to 3 bronze service stars with his
European-African-Middle Eastern Campaign Medal.  Therefore, it is
appropriate to correct his record to show his entitlement to these awards.

7.  It is also clear based on the available evidence that Headquarters,
200th Infantry Division could not have published the orders authorizing the
applicant the Distinguished Unit Citation.  Therefore, since there is no
definitive evidence to determine which organization published the orders
authorizing the applicant his award, and given it is not required entry on
the separation document, it would be appropriate to delete the following
portion of the Item 33 entry:  “GO 206 Hqs 200 Inf Div 23 Jun 45”.
BOARD VOTE:

__FE____  _AU___  _KWL____  GRANT 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:

      a.  awarding him the Bronze Star Medal, for his exemplary conduct in
ground combat against an armed enemy while serving in the ETO from
20 October 1944 through 2 September 1945;

      b.  showing that based on his service and campaign participation in
the ETO, he is entitled to the Army of Occupation Medal with Germany Clasp
and
3 bronze service stars with his European-African-Middle Eastern Campaign
Medal;

      c.  correcting Item 4 (Organization) of his WD AGO 53-55 to read
"Headquarters Company, 399th Infantry Regiment";

      d.  deleting the "GO 206 Hqs 200 Inf Div 23 June 45" portion of the
Item 33 (Decorations and Citations) entries; and

      e.  providing him a corrected separation document that includes these
corrections.

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 and American Defense Service Medal.




                __Fred N. Eichorn________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100262                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/07/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19460305                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demob                                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 61    |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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