RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          27 October 2005
      DOCKET NUMBER:  AR20050003448


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Allen Raub                    |     |Member               |
|     |Ms. Linda Simmons                 |     |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 award of the Purple Heart.

2.  The applicant states he was assigned to Company B, 254th Regiment of
the 63rd Infantry Division and he was wounded by shrapnel in his left hand
on
19 April 1945 in Germany.  He contends the medic fixed him up and was
supposed to file a report; however, the applicant believes the medic failed
to do so.  He contends that he has not had serious problems with his hand
but the shrapnel is still in his hand and it sometimes bothers him.  He
states that the Department of Veterans Affairs (DVA) informed him that this
condition had to be service connected to receive treatment.

3.  The applicant provides page 2 of an undated DVA Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 July 1946.  The application submitted in this case is dated
22 February 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 believed that the
applicant’s records were lost or 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 applicant was inducted on 13 October 1944.  He served in the
European Theater of Operations from 27 March 1945 through 5 August 1945 and
was honorably discharged on 19 July 1946.

5.  Item 32 (Battles and Campaigns) on the applicant’s WD AGO Form 53-55
(Enlisted Record and Report of Separation) shows he participated in two
battles and campaigns.  His WD AGO Form 53-55 shows the Good Conduct Medal,
the World War II Victory Medal, the European-African-Middle Eastern
Campaign Medal, and the Army of Occupation Medal with Germany Clasp as
authorized awards.  Item 34 (Wounds Received in Action) on his WD AGO Form
53-55 shows the entry, “NONE.”  His WD AGO Form 53-55 shows he received the
Combat Infantryman Badge.

6.  There are no orders for the Purple Heart in the available records.

7.  Item 11 (List all significant diseases, wounds, and injuries) on the
applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted
Personnel Prior to Discharge, Release from Active Duty or Retirement),
dated 18 July 1946, shows he was wounded in action (shrapnel wound, left
hand) on 19 April 1945 in Germany.

8.  In support of his claim the applicant provided page 2 of an undated DVA
Rating Decision which shows that service connection for residual shrapnel
fragment to left index finger was established as directly related to
military service.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  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 of the WD AGO Form 53-55.

11.  Army Regulation 600-45 (Decorations), effective 13 October 1949,
provided in pertinent part, that 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.

DISCUSSION AND CONCLUSIONS:

1.  Contemporaneous medical evidence of record shows the applicant was
wounded in action on 19 April 1945 in Germany.  Therefore, he is entitled
to award of the Purple Heart and correction of his WD AGO Form 53-55 to
show this award.
2.  The applicant participated in two battles and campaigns during World
War II which entitles him to the European-African-Middle Eastern Campaign
Medal with two bronze service stars.

3.  Based on award of the Combat Infantryman Badge, the applicant is
entitled to award of the Bronze Star Medal.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 19 July 1946; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  Although the
applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the fact there is no
statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

MM____  AR_____  LS______  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 him the Purple Heart for wounds received in action on
19 April 1945 in Germany;

      b.  amending item 33 (Decorations and Citations) on his WD AGO Form
53-55 to add award of the Purple Heart and to show that he was awarded the
European-African-Middle Eastern Campaign Medal with two bronze service
stars, and the Bronze Star Medal (based on award of the Combat Infantryman
Badge);


      c.  deleting the entry, “NONE” in item 34 on his WD AGO Form 53-55;
and


      d.  adding the entry, 19 April 1945, Germany” in item 34 on his WD AGO
Form 53-55.



            ___Melvin Meyer_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003448                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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