RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      29 November 2005
      DOCKET NUMBER:  AR20050003743


      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                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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.

2.  The applicant states, in effect, that he was wounded on 6 June 1944 on
Omaha Beach, Normandy, France.  He was hit in the head by shrapnel.  He was
told he would receive the Purple Heart by his commanding officer but he has
not received it as of yet.  He signed the required forms at the time and
gave them all the information.  He summarizes by stating that perhaps the
Purple Heart has already been added to his separation papers without his
knowledge.

3.  The applicant provides a copy of his WD AGO Form 53-55, Enlisted Record
and Report of Separation – Honorable Discharge, and a self-authored letter
addressed to the Board, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 November 1945.  The application submitted in this case
is dated 17 February 2005 but was not received for processing until 10
March 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records and information obtained from other
sources.

4.  Records available to the Board show the applicant was inducted into the
Army of the United States on 20 May 1943 and he entered service at Newark,
New Jersey, on 27 May 1943.  The applicant's WD AGO Form 53-55 shows he
served in the quartermaster corps in the military occupational specialty
(MOS) 081, Engineman, Operating.

5.  The evidence shows he was honorably discharged on 13 November 1945 in
the rank of Private, under the provisions of Army Regulation (AR) 615-365,
for the convenience of the Government, at demobilization.
6.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-
55, shows he was awarded the Good Conduct Medal and the European-African-
Middle Eastern Campaign Medal.  The Purple Heart is not shown.

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

8.  The applicant's WD AGO Form 53-55 shows entitlement to the European-
African-Middle Eastern Campaign Medal; however, it does not show the
appropriate service star(s) to which the applicant is entitled for his
campaign participation.

9.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO Form 53-55, show he departed the United States en route
to the European Theater of Operations (ETO) on 3 May 1944 and returned to
the United States on 6 November 1945.

10.  While in the ETO, the applicant participated in the Normandy, Northern
France, Rhineland, Ardennes, and Central Europe campaigns of World War II.

11.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the European-African-Middle
Eastern Campaign Medal.  The regulation further provides that one silver
service star will be worn in lieu of five bronze service stars.

12.  AR 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.

13.  AR 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

14.  In the self authored-letter addressed to the Board, the applicant
states, at the time he was allegedly wounded, he was assigned to Company C,
463rd Quartermaster Trucking Company, 101st Infantry Division.  He states
he was treated by medics on the beach then sent to a field hospital where
he stayed for three days or so and was then sent back into battle.

15.  There is no documentary evidence to shown that the applicant was
assigned to the 463rd Quartermaster Trucking Company, 101st Infantry
Division, while he served in the ETO.  A WD (War Department) Form 372A,
Final Payment – Work Sheet, on file in the applicant's reconstructed
records shows no unit of assignment.  The final payment work sheet shows
only that he was paid his final pay at Fort Dix, New Jersey, on 9 November
1945.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was wounded in action against
the enemy, that he received medical treatment or that any medical treatment
was made a matter of record.  The applicant attests to have been treated on
the beach and sent to a field hospital where he stayed for three days.  No
record of these events was found.  There is no evidence upon which to base
award of the Purple Heart to the applicant; therefore, he is not eligible
for award of the Purple Heart and to have it added to his WG AGO Form 53-
55.

2.  The applicant was awarded the European-African-Middle Eastern
Campaign Medal for his service in the ETO; however, he was not awarded
the appropriate service star(s) to denote his campaign participation
credit.  The applicant participated in five campaign of World War II,
including the Normandy campaign.  He is therefore entitled to award of a
silver service star to be affixed to his European-African-Middle Eastern
Campaign Medal and to have this silver service star added to his WD AGO
Form 53-55.

3.  The applicant served during the period cited for award of the World War
II Victory Medal.  He is therefore entitled to this award and to have it
added to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LD____  __MM____  _SK___  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.  deleting the European-African-Middle Eastern Campaign Medal from
the applicant's WD AGO Form 53-55;


      b.  awarding the applicant one silver service star to be affixed to
his European-African-Middle Eastern Campaign Medal, to correctly denote his
campaign participation credit and, adding this award to the applicant's WD
AGO Form 53-55 as the European-African-Middle Eastern Campaign Medal, with
one silver service star; and


      c.  awarding the applicant the World War II Victory Medal and adding
this award to his 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 and its addition to his WD AGO
Form 53-55.




                            ______Stanley Kelley______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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