RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20050004632


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 for injuries received
during WWII.

2.  The applicant, states, in effect, that he was wounded on 14 December
1944 or 15 December 1944, and for some unknown reason he was not medically
treated at the time.  The applicant adds that he had an accident in
February 2003.  The applicant continues by saying that on 4 June 2003, his
doctor required him to have a MRI (Magnetic Resonance Imaging), which
revealed a piece of shrapnel in his head.

3.  The applicant provides in support of his application a summary of his
military service history, dated 1 February 2005; his WD AGO Form 53-55
(Enlisted Record and Report of Separation), dated 12 November 1945; his WD
AGO Form 100 (Army of the United States Separation Qualification Record),
dated 12 November 1945; a Department of Veterans Affairs Disability
Evaluation Rating, dated 5 February 2004; a photocopied summary for award
of the Bronze Star Medal for heroic action participation during World War
II on 14 December and 15 December 1944; a letter request to the U.S. Army
Reserve Personnel Center, St. Louis, Missouri, dated 1 March 2004, for all
awards and citations, and a response letter from for verification of
awards, dated 3 November 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 12 November 1945, the date of his separation from the Army.  The
application submitted in this case is dated 22 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 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 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, the applicant
provided sufficient documents to conduct a fair and impartial review of
this case.

4.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of
Separation Honorable Discharge) with a separation date of 12 November 1945,
shows that he was inducted into the U.S. Army on 4 March 1943 and entered
active duty on 11 March 1943.  The applicant was awarded a military
occupational specialty (MOS) 729 (Pioneer).  This form also shows that he
was assigned to Anti-Tank Company 310th Infantry Regiment of the 79th
Infantry Division, while he served in the European African Middle Eastern
Theater from 25 October 1944 through 21 October 1945.  He was honorably
separated on 12 November 1945.

5.  Item 31 (Military Qualification and Date) of the applicant's WD AGO
Form
53-55 shows that he was awarded the Combat Infantryman Badge.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55
shows that he participated in the Ardennes-Alsace, Central Europe, and
Rhineland campaigns.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-
55 shows that he was awarded the American Service Medal, the Bronze Star
Medal, the European-African-Middle Eastern Theater Ribbon [now known as the
European-African-Middle Eastern Campaign Medal] and the Good Conduct Medal.
 Item 33 does not contain an entry showing the applicant was awarded the
Purple Heart.

8.  Item 34 (Wounds Received in Action) of this form contains the entry
"None."

9.  The applicant's military service records do not contain any general
orders awarding him the Purple Heart.

10.  There are no service medical records contained in the applicant's
military personnel file.

11.  The applicant provided a two-page letter detailing his military
service and his injury.  It essentially stated that the applicant was
wounded during combat action on 14 December or 15 December 1944.  The
applicant states that he used his bayonet as a path to reach nine wounded
GI's caught in a minefield that was strewn with Schu mines and received the
Bronze Star Medal for this action.  The applicant adds that he feels
fortunate that his wound was not severe, but it is a wound nonetheless.
The applicant continues by saying that he does not actually remember the
exact moment he received the wound, "so how could he seek medical attention
with so many GI's needing fast medical help when he was there only
immediate hope."  The applicant states that he had no way of knowing
whether or not the state of his health was affected by this injury after
all of these years.  The applicant adds that he left the service about 58
years ago and felt lucky that he had all of his parts intact.  The
applicant continues by saying that in February 2003, he tripped on a curb
and fell on his face.  The applicant states that his doctor ordered him to
have a MRI of his head.  The applicant further states that during this
procedure, the technician detected a foreign particle on the screen.

12.  The applicant adds that he was then given a CT (Computer Tomography)
Scan, which determined that he had a piece of metal imbedded in the soft
tissue above his right ear.  The applicant states that the CT Scan also
revealed that he was suffering from a Sub-Dural Hematoma due to the fall
and was removed by an operation.  The applicant further states that in view
of the WWII injury he made application to the Veterans Affairs
Administration in West Palm Beach, Florida.  The Veterans Affairs
Administration determined that the applicant had a service connected
shrapnel wound with retained foreign body, located over the posterior right
frontal convexity and is directly related to military service.  The
applicant further states that he is almost 83 years old and was a
responsible Soldier and a patriotic citizen all his life.  The applicant
adds that the greatest generation is dying off rapidly, and he needs this
award as recognition of his dedicated efforts to honor his commitment to
his country, family and himself.  The applicant also states that he does
not recall receiving an official document awarding him the Bronze Star
Medal.

13.  The applicant submitted a copy of a medical evaluation from the
Department of Veterans Affairs, dated 5 February 2004, which shows that he
was granted a service connected condition for a shrapnel wound with
retained foreign body, located over the posterior right frontal convexity
of his head, rated at 0 percent disabling.

14.  The applicant submitted his request, dated 1 March 2004, to the
National Personnel Records Center, St. Louis, Missouri, requesting the
issuance of all awards and citations he may be entitled to receive based on
his military service.

15.  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.  There is no statute of limitations governing requests for
award of the Purple Heart.

16.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his WD AGO Form 53-55.

17.  Review of the orders published during World War II produced
Headquarters 78th Infantry Division, General Orders Numbers 7, dated
8 January 1945, which awarded the applicant the Bronze Star Medal for
heroic achievement based on his actions on 14 December and 15 December 1944
in Germany.

18.  Army Regulation 600-8-22 provides that the "V" Device is awarded to
denote awards for heroism in action against an armed enemy including awards
of the Bronze Star Medal.

19.  Army Regulation 600-8-22 also 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.

20.  Records show that the applicant received award of the Combat
Infantryman Badge; however, his record does not show that he received the
Bronze Star Medal, based on award of the Combat Infantryman Badge.

21.  Army Regulation 600-8-22 states, that the bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which are the Purple Heart, the Bronze Star Medal, and the Army
Commendation Medal.

22.  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.

23.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Credit Register) lists the occupation credit awarded to units which served
during World War II.  This document shows that, while the applicant was
assigned to the 310th Infantry Regiment of the 78th Infantry Division, it
was awarded occupation credit for service in Germany for the periods 20 May
1945 through 14 August 1945 and
4 September 1945 through 31 October 1945.


24.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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.  This regulation states that
authorized bronze service star will be worn on the appropriate campaign or
service medal including the European-African-Middle Eastern Campaign Medal.
 This regulation also states that a silver service star will be awarded in
lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Purple Heart
for injuries received during WWII.

2.  The applicant provided a medical evaluation record from the Department
of Veterans Affairs, dated 5 February 2004.  This record indicated the
presence of
a shrapnel wound with retained foreign body, located over the posterior
right frontal convexity of his head and determined the wound was directly
related to the military service.  However, there are no military records,
which were prepared at the time of the applicant's alleged wounding or at
the time of his separation from the Army, that confirm that he was wounded
as a result of hostile action.

3.  Evidence of record shows that the applicant participated in the
Ardennes-Alsace, Central Europe, and Rhineland campaigns during his service
in World War II.  Therefore, his records should be corrected to show the
European-African-Middle Eastern Campaign with three bronze service stars.

4.  Notwithstanding the Department of Veterans Affairs medical evaluation
record which was prepared over 60 years after the alleged wounding, the
applicant's WD AGO Form 53-55 prepared at the time of his separation from
the Army clearly indicates that the applicant was not wounded as a result
of hostile action. Based on these facts, there is insufficient evidence in
this case upon which to base award of the Purple Heart.

5.  Evidence of record shows that the applicant completed a qualifying
period of service between 7 December 1941 and 31 December 1946.  Therefore,
he is entitled to have his records corrected to show award of the World War
II Victory Medal.

6.  Department of The Army Pamphlet 672-1 shows the applicant's military
service is within the required time frame for the award of the Army of
Occupation Medal with Germany Clasp.  Therefore, the applicant is entitled
to the award of the Army of Occupation Medal with Germany Clasp and
correction of his records to show this award.
7.  General Orders show the applicant was awarded the Bronze Star Medal for
heroic action.  As a result, he is entitled to wear this award of the
Bronze Star Medal with a "V" Device.

8.  Evidence of record shows the applicant was awarded the Combat
Infantryman Badge.  Based on the award of the Combat Infantryman Badge, the
applicant is entitled to a second award of the Bronze Star Medal.
Therefore, the applicant is entitled to correction of his records to show
award of the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.

9.  Records show the applicant should have discovered the error or
injustice now under consideration on 12 November 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, 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 based on the
fact there is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_ JRM____  _ SLP _  _ RLD   __  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 awarding the applicant
the World War II Victory Medal, the Army of Occupation Medal with Germany
Clasp, and the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device,
and three bronze service stars for wear on 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
award of the Purple Heart.




                                      ___Shirley L. Powell___
                              CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20050004632                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Separated                               |
|BOARD DECISION          |GRANT (Partial)                         |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |A107.0015                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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