RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      5 January 2006
      DOCKET NUMBER:  AR20050005725


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 told shortly after the
time he was wounded that he had been put in for the Purple Heart.  He has
not received it and the records need to be updated accordingly so that he
can receive what is rightfully his.

3.  The applicant adds that he was wounded in action on or about 25 March
1945 near Uslar, Germany, by German artillery.  A medic treated him and he
did not go back to a first aid station or hospital for treatment.  He was
told by his platoon sergeant that he was put in for the Purple Heart but he
has never received it.

4.  He inquired about it over 20 years ago, in December 1984, and was told
to furnish official documentation and since he did not have official
documentation, he took no further action.  His son has now insisted that he
follow through to receive that which he should have received in 1945.

5.  The applicant provides, a copy of his WD AGO Form 53-55, Enlisted
Record and Report of Separation, a copy of his Honorable Discharge
Certificate, and a copy of a "V-Mail" he sent to his mother dated 22 May
1945 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 8 May 1946.  The application submitted in this case is dated 7
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 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 alternate
sources.

4.  Records available to the Board show the applicant was inducted into
the Army of the United States on 17 June 1944 and he entered service at
Fort Leavenworth, Kansas, on the same date.  The applicant's WD AGO Form
53-55 shows that he served in the military occupational specialty (MOS)
745, Rifle Noncommissioned Officer.  He was honorably discharged in the
rank of staff sergeant, under the provisions of Army Regulation (AR) 615-
361, for the convenience of the Government, at demobilization.

5.  Item 6, of the applicant's WD AGO Form 53-55, shows he served with
Company B, 18th Infantry Regiment, a subordinate unit of the 1st Infantry
Division.

6.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form 53-55, shows he was awarded the Combat Infantryman Badge, by General
Orders 7, Headquarters, 18th Infantry Regiment, on 2 February 1945.

7.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-
55, shows he was awarded the Bronze Star Medal; the Good Conduct Medal; the
European-African-Middle Eastern Campaign Medal, with three bronze service
stars; and the World War II Victory Medal.  The Purple Heart is not shown
as an authorized award.

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

9.  A search of morning reports for March and April 1945 for the
applicant's unit was conducted for entries (sick reports), which might
indicate that he was wounded in action and therefore entitled to award of
the Purple Heart.  One morning report, for 10 April 1945 was found which
specifically named the applicant.  The applicant and 26 other enlisted
Soldiers were promoted from Private to Private First Class with a date of
rank/effective date of 8 April 1945.  No other entries pertinent to the
applicant were found.

10.  In the "V-Mail, dated 22 May 1945, that the applicant submitted in
support of his request, he tells his mother about the point system [the
Adjusted Service Rating Score (ASRS)] and the prospect for his being
returned to the United
States on furlough with a possible assignment in the Pacific [the Pacific
Theater of Operations].  In this discussion, he tell his mother, "I have
been put in for the Bronze Star and the Purple Heart for that slight
scratch I received back near Uslar, Germany, when we were in the artillery
barrage the Jerries laid in on us."

11.  On the date the applicant wrote the "V-Mail" to his mother, he had 20
ASR points.  In this letter he stated if the recommendations for award of
the Purple Heart and the Bronze Star Medal went through, he would receive
five additional points for each award and his total points would be
increased to 30 points.  Item 55 (Remarks) of the applicant's WD AGO Form
53-55, shows he was credited with 43 points calculated to 2 September 1945.

12.  At the end of the war in European Theater of Operations (ETO), a
point system was devised to determine who would be sent home first, who
would remain on occupational duty in Europe, and who would be sent to the
Pacific Theater of Operations (PTO) as a replacement.  Each officer and
enlisted person in the theater was given an (ASRS) as of 12 May 1945.
The score was based on one point for each month of service since 16
September 1940, a point for each month overseas, twelve points for each
child less than eighteen years of age up to a limit of three, and five
points for each combat decoration and battle participation award.  On a
Soldier's separation from service the ASR Score was entered in Item 55
(Remarks), of the WD AGO Form 53-55.  The official date of the score's
calculation was entered in parentheses before the numerical score, (i.e.,
ASR Score (2 Sep 45) 43).

13.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that the 18th
Infantry Regiment, 1st Infantry Division, was awarded credit for the
occupation of Germany for the period 2 May through 4 June and 5 July
through 31 October 1945.

14.  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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) 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.

15.  AR 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.

16.  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.  There is insufficient evidence to show that the applicant sustained a
wound as the result of hostile action.  There is no evidence to show that a
medic treated the applicant and that this treatment, when received, as the
applicant alleges, was made a matter of record.

2.  The applicant wrote his mother on 22 May and stated that he had
received a "slight scratch" in an artillery barrage near Uslar, Germany, on
about 25 March 1945.

3.  There is evidence that a search of morning reports for the applicant's
unit for the months of March and April 1945 was conducted for any
indication that he was wounded as he alleges.  One morning report entry
dated 10 April 1945 showing an entry pertinent to the applicant was found.
This entry recorded his promotion from private to private first class.  If
the applicant received a "slight scratch," as he described to his mother,
there is no indication it was made a matter of records in the unit's
morning report as was the requirement.

4.  The applicant was awarded the Combat Infantryman Badge for his service
in World War II.  As indicated in paragraph one above, the applicant was
awarded the Bronze Star Medal.  Based on the special provisions of the
awards regulation
that considers award of the Combat Infantryman Badge or the Combat Medical
Badge a citation in orders, the applicant is entitled to award of the
Bronze Star Medal, or in this case, in effect, the Bronze Star Medal, with
oak leaf cluster, and to have this award added to his WD AGO Form 53-55.

5.  The applicant was a member of the 18th Infantry Regiment, 1st Infantry
Division, at the time it was awarded credit for the occupation of Germany.
The applicant is therefore entitled to award of the Army of Occupation
Medal, with Germany Clasp, and to have this award added to his WD AGO Form
53-55.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RJF____  __WDP__  _TMR___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  awarding the applicant the Bronze Star Medal, with oak leaf
cluster, based on his having been awarded the Combat Infantryman Badge
during World War II and, adding this award to his WD AGO Form 53-55; and

      b.  awarding the applicant the Army of Occupation Medal, with Germany
Clasp, and adding this award to his WD AGO Form 53-55.




                                  ____William D. Powers  ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005725                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH ADMIN CORRECTION              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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