RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050005534


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 that he was given the Purple Heart but that it was
not placed on his separation document.

3.  The applicant provides a VA Form 21-4138 (Veterans Administration
Statement in Support of Claim) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 September 1945, the date of his honorable discharge.
The application submitted in this case is dated 13 April 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 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, there were
sufficient documents remaining in a reconstructed record to conduct a fair
and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he was inducted into the U.S.
Army and entered active duty on 27 October 1941.  The applicant was awarded
a military occupational specialty (MOS) 542 (Communications Chief).

5.  This form also shows that he was assigned to Company L, 411th Infantry
Regiment of the 103rd Infantry Division at the time of his honorable
separation on 27 September 1945.



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

7.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 contains
the entry "None."

8.  The applicant provided a VA Form 21-4138, dated 6 November 1988.  This
form is the applicant's statement in support of a Veterans Administration
claim.  The applicant stated "In 1944, in a battle for the bridge crossing
the Mozzelle River in Germany, we were under heavy fire and shelling."  The
applicant continued that he was a captured by the Germans along with 50-75
other prisoners and they were held captive for 4 days.

9.  The applicant contends it took 11 days of hiking to return to his unit
after being released by the Germans and during this time shells, both
German and American) were falling around him.

10.  The applicant contends he was injured on his left wrist and left elbow
by shrapnel.  He continues no hospitalization was required because medical
services were given by medics in the field.

11.  There is no evidence in the available records which show that the
applicant sustained injuries as a result of hostile action or that he was
treated for wounds sustained as a result of hostile action.

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

13.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his WD AGO Form 53-55.








14.  Army Regulation 600-8-22 (Military Awards) 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.  Therefore, the Bronze Star Medal
is to be awarded to individuals who were authorized either badge for
service during World War II.  The applicant's WD AGO 53-55 shows that he
was awarded the Combat Infantryman Badge.

15.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Bronze Star
Medal.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the World War II Victory Medal.  The World War II
Victory Medal was established by the act of Congress on 6 July 1945.  It
was awarded for service between 7 December 1941 and 31 December 1946, both
dates inclusive.

17.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows that Company L, 411th Infantry
Regiment of the 103rd Infantry Division received occupation credit in
Germany for the period 5 July 1945 through 15 July 1945.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.








DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records
to show award of the Purple Heart because he was given the Purple Heart for
shrapnel injuries he sustained while fighting in Germany in 1944.  The
applicant further contends his left wrist and left elbow were injured by
shrapnel which did not require hospitalization because medical services
were given by medics in the field.

2.  There is no evidence in the available records and the applicant has not
provided sufficient evidence which shows that he sustained injuries as a
result of hostile action or that he received treatment for injuries that
were sustained as a result of hostile action.  Based on the foregoing,
there is insufficient basis to grant the applicant's request for award of
the Purple Heart in this case.

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

4.  Records show that the applicant completed a qualifying period of
service for award of the Army of Occupation Medal with Germany Clasp.
Therefore, he is entitled to have his records corrected to show this award.

5.  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 and
correction of his records to show award of the Bronze Star Medal (First Oak
Leaf Cluster).

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 September 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

_JTM____  _WDP__  __LO_ __  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 showing award of the
World War II Victory Medal, the Army of Occupation Medal with Germany
Clasp, and the Bronze Star Medal with First Oak Leaf Cluster.

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.



                                          _William D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005534                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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