RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 OCTOBER 2006
	DOCKET NUMBER:  AR20050001350 


	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. Deborah L. Brantley

Senior Analyst

The following members, a quorum, were present:


Mr. Ted Kanamine

Chairperson

Mr. Patrick McGann

Member

Ms. Carol Kornhoff

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 his record be corrected to show that he participated in the Ardennes-Alsace Campaign during World War II; and, that it be corrected to show award of the Purple Heart, American Campaign Medal, and Army of Occupation Medal.    

2.  The applicant states that his discharge does not show all the campaigns he participated in or the awards he is entitled to. 

3.  The applicant provides a copy of his Enlisted Record and Report of Separation, copies of two General Orders, a copy of a narrative wherein he indicated that he was “blown up” in the air as a result of an explosion, and copies extracted from Army decorations’ pages regarding awards of the Purple Heart, American Campaign Medal, and Army of Occupation Medal. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 8 February 1946.  The application submitted in this case is dated     3 January 2005.

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 limitations 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 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 are sufficient documents available for the Board to conduct a fair and impartial review of this case.  

4.  The applicant was inducted into the Army on 13 September 1943 and entered on active duty on 4 October 1943.  He served in the European Theater of Operations during World War II with the 119th Armored Engineer Battalion, arriving in that theater on 1 October 1944.  He returned to the United States on 29 January 1946 and was discharged on 8 February 1946 at Camp Beale, California.  His report of separation shows that he participated in the Rhineland and Central Europe campaigns, and that he was awarded the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal, and the Good Conduct Medal with clasp.

5.  In the narrative summary that he submits with his request, the applicant stated that in April 1945 some tanks crossing an open field had encountered a German minefield, and his squad was ordered to get there as fast as possible.  He stated that just as he reached a tank, it started to move, and an explosion lifted the tank, and he was up in the air.  He stated that he was weak and shaken up, could not hear, and his head and ears hurt.  He stated that he could not remember how he got back into his halftrack.  He stated that he did not report the experience to his medic, as he had no sign of bleeding or open wounds.  His head and ears were slowly feeling better.  He stated that it was in late May or early June 1945 that he developed a very severe headache and that when he saw the Army doctor, he guessed that he told him about the “up and over” experience and also about when a swinging .50 caliber machine gun barrel hit him on the side of his head.  He stated that he was sure that his five-plus months of front-line duty, with all the artillery, mortar, rocket launchers, explosives, enemy plane strafing, and small arms fire was harmful to his ears, and the experience of the “up and over” explosion did not help him any.

6.  Army Regulation 600-8-22 provides 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.

7.  The Unit Citation and Campaign Participation Credit Register shows that the 119th Armored Engineer Battalion participated in the Rhineland, Central Europe, and Ardennes-Alsace campaigns during World War II.  The date of the Ardennes-Alsace Campaign was 16 December 1944 to 25 January 1945.  That register also shows that the 119th served as an occupation force in Germany from 2 May 1945 to 31 October 1945.

8.  The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 for service within the continental limits of the United States for an aggregate period of 1 year. 

9.  The Army of Occupation medal with Germany clasp is awarded for service for 30 consecutive days in the occupation of Germany between 9 May 1945 and       5 May 1955.
10.  Service (campaign) medals and service ribbons denote honorable performance of military duty within specified limited dates in specified geographical areas.  Army Regulation 600-8-22, paragraph 6-7, provides for service stars for wear on campaign and service ribbons to denote an additional award, and states that service stars are authorized for wear on the European-African-Middle Eastern Campaign Medal.  A silver service star is worn instead of five bronze service stars. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s narrative concerning the incident in April 1945 wherein he was blown up by an explosion from a mine or a small bomb is not disputed.  The Board has no reason to doubt the information he furnished.  The applicant himself states, however, that although he could not hear and his head and ears hurt, there was no sign of bleeding or open wounds.  There is, unfortunately, no medical evidence to show that he was wounded as a result of hostile action.    Consequently, the applicant’s request for award of the Purple Heart cannot be granted. 

2.  The applicant served with the 119th Armored Engineer Battalion, participating in three campaigns during World War II.  His record should show that he participated in the Ardennes-Alsace Campaign and award of the European-African-Middle Eastern Campaign Medal with three bronze service stars.  

3.  The applicant served in the United States during the war in excess of one year.  He is entitled to award of the American Campaign Medal.

4.  The applicant served with the occupation force in Germany following the end of the war.  He is entitled to award of the Army of Occupation Medal with Germany clasp.      

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__TK ___  ___PM __  __CK ___  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 showing that he participated in the Ardennes-Alsace Campaign, and by showing award of the European-African-Middle Eastern Campaign Medal with three bronze service stars, the American Campaign Medal, and the Army of Occupation Medal with Germany clasp.

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.  




______Ted Kanamine_________
          CHAIRPERSON




INDEX

CASE ID
AR20050001350
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051013
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.