RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050002303


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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, correction of his military records
to show award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded on D-Day during
World War II when an artillery shell hit his landing craft.  He also states
that, although wounded and burned, he rescued a number of men and put out
the fire on the landing craft.  He further states that he was awarded the
Silver Star for his gallantry in action on 6 June 1944, but never received
the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation Honorable Discharge), dated 12 July 1945; copies
of two self-authored PTSD Questionnaire forms describing events of 6 June
1944 and the period 17 December 1944 to 6 February 1945; and a newspaper
article reporting award of the Silver Star to the applicant for his actions
on 6 June 1944.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 July 1945, the date of his separation from the Army.  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 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.  Military service records show that the applicant entered active duty in
the U.S. Army on 4 June 1941.  He was subsequently assigned to Headquarters
and Headquarters Company, 1st Battalion, 16th Infantry, 1st Infantry
Division and served in the European Theater of Operations from 7 August
1942 to
18 May 1945.  The applicant was honorably discharged on 12 July 1945.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55
shows that he participated in six campaigns:  Tunisian, Algeria-French
Moroccan, Sicilian, Normandy, Northern France, and Rhineland.  Item 31
(Military Qualification and Date (i.e., infantry, aviation and marksmanship
badges, etc.)) contains the entry "Combat Infantryman Badge".  Item 33
(Decorations and Citations) shows that the applicant was awarded the Silver
Star, Distinguished Unit Citation with 2 oak leaf clusters, Good Conduct
Medal, American Defense Ribbon, European-African-Middle Eastern Theatre
Ribbon with 1 silver service star and 1 bronze service star.

5.  The applicant's military service records are not available and were
most likely lost or destroyed in the fire that occurred at the National
Personnel Records Center on 12 July 1973.

6.  The applicant provides copies of his discharge document and two self-
authored PTSD Questionnaire forms describing the events of 6 June 1944 and
his service during the period 17 December 1944 to 6 February 1945.  He also
provides a copy of a newspaper article reporting award of the Silver Star
for his actions on 6 June 1944 in support of his application.

7.  During the processing of this case, coordination was made with the
Military Awards Branch, U.S. Army Human Resource Command, Alexandria,
Virginia, in an effort to obtain information regarding the applicant's
Silver Star.  An official at that office verified the applicant was awarded
the Silver Star by Headquarters, 1st U.S. Infantry Division, APO 1, U.S.
Army, General Orders No. 46, Section II, dated 23 July 1944.

8.  Coordination was subsequently made with the National Archives and
Records Administration, College Park, Maryland, and a copy of the General
Orders was obtained, along with the Citation for the Silver Star.  These
documents confirm that the applicant was awarded the Silver Star.  The
Citation for the Silver Star reads, in pertinent part, "For gallantry in
action in the vicinity of Colleville-sur-Mer, Normandy, France, 6 June
1944.  When a heavy artillery barrage inflicted numerous casualties and set
fire to his landing craft, Private First Class Jxxxxxx, despite the peril
involved, extinguished the flames and administered first aid to the
injured.  Although painfully burned, he guided the boat through heavily
mined waters and saved the lives of his comrades."

9.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his WD AGO Form 53-55.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows that at the time of the applicant's
assignment to the 16th Infantry Regiment, 1st Infantry Division, the unit
was credited with an amphibious assault landing at Normandy, France, on 6
and 7 June 1944, by War Department, General Orders Number 70 (1945).  This
document also shows that, at the time of the applicant's assignment, the
unit was cited for award of the French Fourragere, for the period 1 January
1943 to 30 April 1943, and
6 June 1944, by Headquarters, Department of the Army, General Orders Number
43 (1950).  This document further shows that, at the time of the
applicant's assignment, the unit was cited for award of the Belgian
Fourragere, for the period 3 to 5 September 1944, and 28 to 30 December
1944, by Headquarters, Department of the Army, General Orders Number 43
(1950).

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Silver Star is awarded for gallantry in action against the
enemy.  The required gallantry (spirited and conspicuous acts of heroism
and courage) must have been performed with marked distinction.  As with all
personal decorations, formal recommendations, approval through the chain of
command, and announcement in orders are required.

12.  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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

13.  War Department Circular 269 (1943) established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The Combat Infantryman
Badge was awarded for exemplary conduct in action against the enemy.  War
Department Circular 186 (1944), further provided that the Combat
Infantryman Badge was to be awarded only to infantrymen serving with
infantry units of brigade, regimental or smaller size.

14.  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 also 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.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the
European-African-Middle Eastern 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.

16.  This Army regulation further provides, in pertinent part, for the
“arrowhead” device to be worn on the appropriate service medal to denote
participation in a combat parachute jump, helicopter assault landing,
combat glider landing, or amphibious assault landing while assigned or
attached as a member of an organized force carrying out an assigned
tactical mission.  The regulation specifies that individual assault credit
is tied directly to the combat assault credit decision for the unit to
which the Soldier is assigned.  The regulation requires that the unit must
be credited with a combat assault in order for the Soldiers to receive
credit for a combat assault and the Soldier must physically exit the
aircraft or the watercraft as appropriate.  The regulation also specifies
that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign
Medal, the European-African-Middle Eastern Campaign Medal, the Korean
Service Medal, the Vietnam Service Medal, and the Armed Forces
Expeditionary Medal.

17.  Army Regulation 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 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.

18.  Army Regulation 600-8-22 also provides for award of the Belgian
Fourragere.  This regulation states that it may be awarded by the Belgian
Government when a unit has been cited twice in the Order of the Day of the
Belgian Army.  The award of the Belgian Fourragere is not automatic, but
must be by special decree of the Belgian Government.  Persons who were
present in only one action are not authorized to wear the Fourragere.

19.  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 which
appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Credit Register) 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 which a former Army Soldier may wear are the French Fourragere, the
Belgian Fourragere, and the Netherlands Orange Lanyard.

20.  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 applicant contends that he is entitled to award of the Purple Heart
based on wounds received when his landing craft was hit by an artillery
shell during World War II in the invasion of Normandy, on 6 June 1944.

2.  There is no evidence of records that shows the applicant was awarded
the Purple Heart.

3.  General Orders awarded the applicant the Silver Star for his gallantry
in action on 6 June 1944.  The Citation for the Silver Star accompanying
the General Orders provides evidence that the applicant suffered burns to
his body as a result of hostile action when his landing craft was hit by an
artillery shell.  Therefore, the applicant is entitled to award of the
Purple Heart for wounds received in action on 6 June 1944.

4.  Evidence of records show that the applicant was awarded the Combat
Infantryman Badge for exemplary conduct in action against the enemy during
World War II.  An award of the Combat Infantryman Badge is considered to be
a citation in orders.  Therefore, he is also entitled to award of the
Bronze Star Medal for meritorious service.

5.  Evidence of records show that the applicant participated in an
amphibious assault landing with his unit on 6 June 1944, at Normandy,
France, during World War II.  Therefore, he is entitled to correction of
his records to show award of the arrowhead device to be affixed to his
European-African-Middle Eastern Campaign Medal, along with the 1 silver
service star and 1 bronze service star.

6.  General Orders awarded the applicant's unit the French Fourragere.
Therefore, it would be appropriate to correct his records to show this
foreign unit award.

7.  General Orders awarded the applicant's unit the Belgian Fourragere.
Therefore, it would be appropriate to correct his records to show this
foreign unit award.

8.  Evidence of records shows that the applicant is entitled to award of
the World War II Victory Medal.  Therefore, it would be appropriate to
correct his records to show this award.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 July 1945, the date of his
discharge.  Therefore, based on the date the Board was established, 2
January 1947, the time for the applicant to file a request for correction
of any error or injustice expired on 1 January 1950.  Although the request
was not submitted within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the fact that there is
no statute of limitations on requests for award of the Purple Heart.
BOARD VOTE:

__JEV __  __CVM __  __LMB__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 by:

      a.  awarding the applicant the Purple Heart for wounds received in
action on 6 June 1944;

      b.  awarding the applicant the Bronze Star Medal for meritorious
service based on award of the Combat Infantryman Badge on 6 June 1944.

      c.  correcting the applicant's WD AGO Form 53-55 by adding the Purple
Heart; Bronze Star Medal; European-African-Middle Eastern Campaign Medal
with arrowhead device, 1 silver service star and 1 bronze service star; the
French Fourragere; and the Belgian Fourragere.




                            _____JAMES E. VICK_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002303                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19450712                                |
|DISCHARGE AUTHORITY     |AR 615-361, Section I                   |
|DISCHARGE REASON        |Certificate of Disability for Discharge |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0014.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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