RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050004860


      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:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 that his records be corrected to reflect award
of the Purple Heart.

2.  The applicant, in effect, states he was pinned with the Purple Heart
while in a field hospital; however, his separation records do not reflect
award of the Purple Heart.

3.  The applicant provides a copy of his WD AGO 53-55 (Enlisted Record and
Report of Separation), dated 27 June 1946; a copy of a War Department
Supplemental Medical Report, dated 5 June 1945; and a copy of the U.S. Army
(Surgeon General Organization (SGO) Hospitalization File Listing of 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 27 June 1946, the date of his separation from the Army.  The application
submitted in this case is dated 28 December 2004.

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 27 June 1946
which shows he was inducted into the U.S. Army on 19 August 1943 and
entered active duty on 9 September 1943.  The applicant was awarded a
military occupational specialty (MOS) 017 (Baker).



5.  This form also shows that he was assigned to 350th Field Artillery
Battalion, while he served in the European African Middle Eastern Theater
from 31 July 1944 through 28 May 1946.  He was honorably separated on 27
June 1946.

6.  Item 31 (Military Qualification and Date) of the applicant's WD AGO
Form
53-55 does not show he was awarded the Combat Infantryman Badge.

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

8.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-
55 does not show he was awarded the Purple Heart.

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

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

11.  The applicant submitted a copy of a War Department, Supplemental
Medical Report, dated 7 May 1945 from the 119th General Hospital.  The
entry shows the applicant was battle casualty (BC), wounded in action (WIA)
in the line of duty on 25 April 1945.  The entry further shows the
applicant received wounds to the right buttock in Germany.  The
Supplemental Report also shows while he was hospitalized he was awarded the
Purple Heart on 26 April 1945.  The medical record was authenticated by an
Army captain of the Medical Corps.

12.  The Hospital admission records maintained by the Office of the Surgeon
General of the Army shows the applicant was hospitalized as a battle
casualty on 25 April 1945 for wounds to the right buttock and hip.

13.  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.






14.  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.

15.  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.

16.  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.

17.  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.  The applicant while assigned to the 350th Field
Artillery Battalion was awarded occupation credit for service in Germany
for the periods 2 May 1945 through 31 October 1945.

DISCUSSION AND CONCLUSIONS:

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

2.  Hospital admission records show that the applicant was wounded and
hospitalized for treatment of his injuries as a result of hostile action on
25 April 1945.

3.  A preponderance of records in this case shows the applicant was wounded
in action on 25 April 1945 in Germany and he was awarded the Purple Heart
for these wounds by the 119th General Hospital on 28 April 1945.  However,
the orders awarding this Purple Heart could not be found.

4.  Based on the foregoing, item 33 (Decorations and Citations) of the
applicant's WD AGO Form 53-55 should be corrected to show award of the
Purple Heart for wounds sustained on 28 April 1945 in Germany.

5.  Also based on the foregoing, item 34 (Wounds Received in Action) on the
applicant's WD AGO 53-55, should be changed to show the entry "WIA, 28
April 45, Germany."  Based on these facts, there is sufficient evidence in
this case upon which to base award of the Purple Heart.

6.  Evidence of record shows the applicant was awarded the Combat
Infantryman Badge.  Based on the award of the Combat Infantryman Badge in
May 1945, the applicant is entitled to an award of the Bronze Star Medal.
Therefore, the applicant is entitled to correction of his records to show
award of the Bronze Star Medal.

7.  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 unit award.

8.  Records show the applicant should have discovered the error or
injustice now under consideration on 27 June 1946, 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:

_CAK____  _JEA___  _TEO____  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 awarding the applicant the Purple
Heart for wounds sustained on 28 April 1945 in Germany, the Bronze Star
Medal, the Army of Occupation Medal with Germany Clasp and by adding the
entry "WIA, 28 April 1945, Germany" to item 34 of his WD AGO 53-55, dated
27 June 1946.







               __James E. Anderholm______
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004860                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/06/27                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Separated                               |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |A107.0015                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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