RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 November 2005
      DOCKET NUMBER:  AR20050002291


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Della R. Trimble              |     |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, the nephew of a World War II veteran, requests
correction of his uncle’s records to show award of the Purple Heart for
wounds sustained while a prisoner of war (POW) in Germany.  The veteran has
authorized his nephew to “receive any and all information i.e. (World War 2
P.O.W. information and to apply for any and all medals) I am entitled to
for service to my country.”  For clarification and ease of reading
throughout the remainder of this record of proceedings, the term
“applicant” will apply to the veteran himself, with the exception of any
correspondence specifically sent by the nephew.

2.  The applicant states he was brutally beaten while a POW during the war
and lost sight in one eye after the war.  While not specifically stated in
his appeal, he appears to imply that his loss of sight is attributable to
the beatings.  This is further substantiated in an e-mail from the
applicant’s nephew to a Member of Congress dated 30 April 2004, in which
the nephew states his uncle “was beaten and lost vision in one eye as a
result of his stay in Stalag2A.” The applicant states that Item 34 (Wounds
Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of
Separation-Honorable Discharge) contains the entry “None” and, in effect,
he feels this is in error as he is “due his Purple Heart.”

3.  The applicant provides a copy of his WD AGO Form 53-55 and Honorable
Discharge Certificate.  He also provides a copy of a National Personnel
Records Center notification of award of the POW Medal and a World War II
Prisoner of War Report.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 13 December 1945.  The application submitted in this case is
dated 28 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 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 to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is known that the
applicant’s records were destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record for the Board to
conduct a fair and impartial review of this case.

4.  The available records show the applicant was inducted on 22 January
1943.  He arrived in the European-African-Middle Eastern Theater of
Operations on 24 September 1944, where he served in C Company, 407th
Infantry until 29 November 1944, at which time he was reported missing in
action.  He was captured by the German government and classified as a POW
until his release from captivity on 28 April 1945.  The applicant then
returned to United States military control, was treated in a hospital in
Europe, and returned to the United States on 5 July 1945.  He was honorably
separated in the rank of corporal on 13 December 1945.

5.  The applicant’s WD AGO Form 53-55 shows he is entitled to the following
awards: the European-African-Middle Eastern Campaign Medal; the American
Campaign Medal; the American Defense Service Medal; the Good Conduct Medal;
the World War II Victory Medal; the Combat Infantryman Badge; the Marksman
Marksmanship Badge with Rifle Bar; and the Honorable Service Lapel Button
(World War II).  His WD AGO 53-55 also shows he participated in the
Rhineland campaign.

6.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-
55, which is authenticated in his own hand, does not show entitlement to
award of the Purple Heart.

7.  Hospital admission cards of the Office of The Surgeon General, commonly
referred to as the "SGO Files,” do not show that the applicant was wounded,
or treated for wounds, resulting from hostile action.

8.  Item 5 (Physical or mental defects or diseases) of a Report of Physical
Examination and Induction, dated 3 November 1942, contains the entry
“Partial blindness in left eye and defective teeth.”  Item 39 (Eye
abnormalities) contains the entry “large opacity of central cornea left eye
– cataract*.”

9.  In a letter to the War Department Adjutant General, dated 6 May 1944,
the applicant’s father requests that the applicant be assigned to a “non-
combatant division” due to the fact that his son (applicant) is “blind in
one eye.”

10.  In a Consultation Request and Report, dated 6 June 1944, a
consultation was requested on the applicant because of “Defective vision –
R 20/30, L 20/500, History Of left eye pathology as child from measles.”

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded to any member of an Armed Force who,
while serving under competent authority in any capacity with one of the
U.S. Armed Services after 5 April 1917, has been wounded or killed 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.  This regulation also provides that there is no statute
of limitations on requests for award of the Purple Heart.

12.  Army Regulation 600-8-22 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
POW Medal.  The regulation states that the POW Medal was authorized on
8 November 1985 and is awarded to individuals who in past armed conflicts
were taken prisoner or held captive.  Past conflict in this instance is
defined as World War I, World War II, the Korean War, the Vietnam War, and
the Persian Gulf War.  Hostages of terrorists and persons held by
governments with which the United States is not engaged in armed conflict
are not eligible.

14.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing discharge documents.  In

pertinent part, it directs that, in the case of prisoners of war, the unit
of assignment, country and dates of capture and release will be entered in
the “Remarks” section of the discharge document.

15.  Army Regulation 600-8-22 authorizes 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.  The regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal, including the European-
African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant authenticated his WD AGO Form 53-55, which did not show
award of the Purple Heart or wounds sustained in action.  There are no
medical records that show the applicant was wounded, or treated for wounds,
as a result of hostile action.  There are no orders or certificates that
awarded the applicant the Purple Heart.

2.  The applicant’s contention that he was blinded as a result of beatings
sustained as a POW is noted.  However, the applicant’s records do not
contain any evidence of such beatings.  To the contrary, evidence of
records shows the applicant had a serious eye disease prior to his
induction.

3.  In view of the above, the applicant is not entitled to award of the
Purple Heart or correction of his records to show this award.

4.  Evidence of record shows the applicant was awarded the Combat
Infantryman Badge during World War II.  Therefore, he is entitled to award
of the Bronze Star Medal and correction of his records to show this
decoration.

5.  Evidence of record shows the applicant is entitled to the POW Medal.
Therefore, he is entitled to correction of records to show this service
medal.

6.  The applicant is entitled to correction of Item 55 (Remarks) of his WD
AGO 53-55, dated 13 December 1945, to show “Prisoner of War, 407th Infantry
Regiment, Germany, 441129-450428”.

7.  Evidence of record shows the applicant received the European-African-
Middle Eastern Campaign Medal and participated in one campaign.  As a
result, he is entitled to award of one bronze service star, to be affixed
to the European-African-Middle Eastern Campaign Medal, and correction of
his records to show this appurtenance.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 December 1945, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, 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 in this case based on the fact
there is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___sk ___  ___drt___  ___dja___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

      a. showing award of the Bronze Star Medal;


      b. showing award of the POW Medal;


      c. correcting Item 55 of his WD AGO 53-55, dated 13 December 1945, to
show “Prisoner of War, 407th Infantry Regiment, Germany, 441129-450428;”
and


      d. showing award of one bronze service star, to be affixed to the
European-African-Middle Eastern Campaign Medal.

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
awarding the individual concerned the Purple Heart.




            _________Stanley Kelley___________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002291                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]