RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           DECEMBER 21, 2004
      DOCKET NUMBER:    AR2004105710


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Semma E. Salter               |     |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, in effect, that he be awarded the Purple Heart
and any award presented to the 29th Infantry Division.

2.  The applicant states, in effect, that the Purple Heart was never
entered into his records and he believes it would be appropriate to be
buried with some form of recognition.

3.  The applicant provides a copy of his military records, medical records,
notarized eyewitness statements, company reports, and doctor's bills in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 8 December 1945.  The application submitted in this case is
dated 9 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records and other documents provided by the
applicant.

4.  The applicant's WD AGO Form 53-55, Enlisted Record and Report of
Separation – Honorable Discharge, with an effective date of 8 December
1945, shows the applicant was inducted into the Army of the United States
on 1 February 1943 and entered service in Pittsburgh, Pennsylvania, on 8
February 1945.  The applicant was honorably separated, under the provisions
of Army Regulation (AR) 615-365, for the convenience of the Government, at
demobilization, in the grade of Sergeant, on 8 December 1945.

5.  The applicant's WD AGO Form 53-55 shows he was awarded the European-
African-Middle Eastern Campaign Medal, with four bronze service stars and
one bronze arrowhead; the Good Conduct Medal; the American Theater Service
Medal; the World War II Victory Medal, and the Distinguished Unit Badge
[now known as the Presidential Unit Citation].  The Purple Heart is not
shown on the applicant's WD AGO Form 53-55.

6.  Item 30 (Military Occupational Specialty and No.), of the applicant's
WD AGO Form 53-55, shows the applicant was a Squad Leader, Military
Occupational Specialty (MOS), 605.

7.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form
53-55, shows the entry, "None."

8.  Item 55 (Remarks), of the applicant's WD AGO Form 53-55, shows that the
applicant was issued the Lapel Button [correctly known as the Honorable
Service/Discharge Emblem] and that he was awarded the Combat Infantryman
Badge.

9.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO Form 53-55, shows that the applicant departed the United
States on 9 January 1944 and arrived in the European Theater of Operations
(ETO) on 17 January 1944.  The applicant departed the ETO on 23 November
1945 and arrived in the United States on 3 December 1945.

10.  The applicant authenticated the WD AGO Form 53-55 in his own hand on
the date he was separated from the Army, attesting that the information
recorded on the form was, to the best of his knowledge, accurate and
complete.

11.  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.

12.  In a statement of support (marked Exhibit 2), provided by a fellow
soldier, the applicant was allegedly injured on the beach and hospitalized
with a back injury.

13.  Another statement of support (marked Exhibit 5), provided by a fellow
soldier, also alleges that the applicant was injured on the beach and
hospitalized with a back injury.

14.  In a statement of support (marked Exhibit 9), provided by another
fellow soldier, he states that they were unloading 155mm powder charges
from an LCM (Landing Craft, Mechanized) into a 6X6 truck.  These charges
weighed 275 lbs.  They [the Soldiers] were lined up in two rows passing
charges from the LMC to the truck.  When the ramp was dropped, it did not
reach the ground.  It had stuck in the sand pile up just off the shore.
The applicant was standing next to the ramp.  When the craft moved forward
with great force someone yelled, "Look out!"  The applicant had a load in
his hand.  He tossed it and jumped away, twisting his body severely.
Fortunately, he jumped clear or his legs would have been caught between the
ramp and the truck and they probably would have been severed or he may have
been killed.  The applicant was put on a stretcher and was taken to the
hospital.  They did not see the applicant for about 6 weeks.

15.  Other statement’s that were prepared in support of the applicant's
request are similar in their description of how the applicant was injured
during World War II on Omaha Beach while they unloaded ammunition charges
from an LMC.

16.  Among the company reports that the applicant submitted in support of
his request are copies of the Organization or Detachment Commander's
Report.  These reports show that while the applicant was a member of the
147th Engineer Battalion, he was given medical treatment on 8 May, 9 May,
10 May, 13 May, 5 July, 6 July, 7 July, 8 July, 9 July, and 30 August 1944.
 While the specific diagnosis and the form of medical treatment given is
not specifically shown on the source documents, nonetheless, these
treatments were made a matter of official record in the Organization or
Detachment Commander's Report.

17.  Army Regulation 600-8-22 also 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.

18.  The applicant submitted morning reports showing that he was a member
of Company A, 147th Engineer Battalion before he was assigned to the 175th
Infantry Regiment, 29th Infantry Division, on an unknown date.  The last
verifiable date that he was assigned to the 147th Engineer Battalion is 30
August 1944.

19.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the applicant's unit, the 147th
Engineer Battalion, was cited by the French Government for the Croix de
Guerre for action on 6 June 1044, by Department of the Army General Orders
Number 72, dated 1948.

20.  AR 600-8-22 provides for award of the French Fourragere as an approved
foreign unit award.  The French Fourragere may be awarded by the French
Government when a unit has been cited twice (emphasis added) for award of
the French Croix de Guerre.  When a unit is cited twice for the Croix de
Guerre, then the colors of the Fourragere are red and green.  When a unit
is cited four times, the colors of the Fourragere are yellow and green.
Award of the Fourragere is not automatic and requires a decree by the
French Government, and persons who were only in one action are not
authorized to wear the Fourragere.  When a unit was cited only one time for
award of the French Croix de Guerre there was no individual device, medal
or ribbon authorized for wear by members of the unit.

21.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center
published the policy regarding awards of the French Croix de Guerre to U.S.
Army veterans who had served in World War I and World War II.  Essentially,
this guidance states that there is no individual emblem presented to or
worn by Army soldiers who were in a unit cited by the French Government for
the Croix de Guerre.  Thus, former members of any American units that
appear in DA Pamphlet
672-1 are not authorized an individual device.  This is also true of the
Belgian Citation in the Order of the Day and the Netherlands Military Order
of William.  As a result, the only European foreign unit awards that a
former Army service member may wear are the French Fourragere, the Belgian
Fourragere, and the Netherlands Orange Lanyard.

22.  DA Pamphlet 672-1 shows that the applicant's unit, the 175th Infantry
Regiment, 29th Infantry Division, was awarded credit for the occupation of
Germany for the period 2 May through 31 October 1945.

23.  AR 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.  The evidence of record shows that the injuries the applicant sustained
were not a result of hostile action.  The statements made by the applicant
and witnesses to the accident are consistent.  The injury occurred when the
applicant and other Soldiers were transferring 155mm charges from an LCM to
6X6 trucks for transport.  While they were in the process of unloading the
155mm charges, the LCM lunged.  The applicant dropped the charge he had in
his hands and jumped away.  He twisted his body severely to avoid being hit
by the LCM and possibly being injured worse or perhaps being killed.

2.  The applicant was awarded the Combat Infantryman Badge during World
War II.  The applicant is therefore entitled to award of the Bronze Star
Medal based on this award of the Combat Infantryman Badge and to have it
added to his separation document at this time.

3.  The applicant served with a unit at the time it was awarded credit for
the occupation of Germany.  He is therefore entitled to award of the Army
of Occupation Medal, with Germany Clasp, and to have this award added to
his WD AGO 53-55.

4.  The applicant’s unit, the 147th Engineer Battalion, was cited by the
French Government for award of the French Croix de Guerre while he was a
member of the unit.  Therefore, the applicant is entitled to correction of
item 55 (Remarks) on his WD AGO Form 53-55 to show the entry, “French Croix
de Guerre - Unit Citation - No Emblem Authorized.”

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

fe______  ses _____  pms_____  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:

      a.  awarding the applicant the Bronze Star Medal based on award of
the Combat Infantryman Badge and adding this award to the applicant's WD
AGO Form 53-55;

      b.  awarding the applicant the Army of Occupation Medal, with Germany
Clasp and adding this award to the applicant's separation document; and

      c.  adding the entry, "French Croix de Guerre - Unit Citation - No
Emblem Authorized" to Item 55, of the applicant's WD AGO Form 53-55.

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 to the applicant.




                            ____    Fred Eichorn___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004105710                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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