RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         8 November 2005
      DOCKET NUMBER:  AR20050006195


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he is entitled to the PH based on
shrapnel wounds he received in his right leg on 7 October 1944, and this
award should be added to the awards listed on his separation document (WD
AGO Form 53-55).

3.  The applicant provides the following documents in support of his
application:  Bronze Star Medal (BSM) Citation (Adjutant General (AG)
Number 200.6);
WD AGO Form 53-55; and Authorization For Release of Confidential
Information.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 5 November 1945.  The application submitted in this case
is dated 16 February 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 not provided to the Board 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 for the Board
to conduct a fair and impartial review of this case.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s WD AGO Form 53-55 and BSM Citation.

4.  The applicant’s separation document (WD AGO Form 53-55) shows he was
inducted into the Army and entered active duty on 11 February 1943.  It
further shows that he continuously served on active duty until being
honorably separated on 5 November 1945.

5.  The applicant’s separation document also shows that he served in the
European Theater of Operations (ETO) from 25 December 1943 through
25 August 1945, and that he earned the following awards during this period
of active duty service:  Combat Infantryman Badge (CIB); European-African-
Middle Eastern Theater Ribbon; Army Good Conduct Medal; Combat Infantryman
Badge; and BSM.

6.  AG Citation Number 200.6, issued by Headquarters, 88th Infantry
Division, documented the acts for which the applicant was awarded the BSM.
This document confirms the applicant was awarded the BSM for meritorious
service in combat from 2 March 1944 to 2 May 1945.  It also indicates that
on 7 October 1944, he was wounded in action when he was hit by an explosive
blast from an enemy shell while carrying a liter with a wounded Soldier.
It further states that in spite of this wound and the shock he was
suffering from, the applicant refused to be evacuated until he got the
wounded Soldier to safety.

7.  Army Regulation 600-8-22 of the awards regulation provides, in
pertinent part, that the PH is awarded for a wound sustained as a result of
hostile action.  In order to support award of the PH, there must be
evidence verifying the wound for which the award is being made was received
as a result of hostile action, the wound must have required treatment by
military medical personnel, and the medical treatment must have been made a
matter of official record.

8.  Paragraph 3-13d (2) of the awards regulation states, in effect, that
the BSM is authorized to members of the Armed Forces of the United States
who, after
6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.  The regulation also stipulates that an Oak Leaf Cluster will be
awarded to denote a second or subsequent award of the BSM.

9.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit (349th Infantry
Regiment) was awarded the French Croix de Guerre.

10.  Paragraph 5-12 of the awards regulation contains guidance on award of
the European-African-Middle Eastern Campaign Medal.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member participated in while serving in the ETO.  The
applicant's record shows he participated in the North Apennines, Po Valley,
and Rome-Arno campaigns of World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully
considered.  By regulation, in order to support award of the PH, there must
be evidence verifying that the wound for which the award is being made was
received as a result of hostile action, the wound must have required
treatment by military medical personnel, and the medical treatment must
have been made a matter of official record.

2.  The evidence of record in this case includes a BSM Citation that
confirms the applicant received a shrapnel wound as a direct result of
enemy action while serving in the ETO on 7 October 1944.  This document
corroborates the applicant’s claim of entitlement to the PH, and satisfies
the regulatory burden of proof necessary to support award of the PH.
Therefore, it would be appropriate to grant the requested relief.

3.  By regulation, members who were cited in orders or awarded a
certificate for exemplary conduct in ground combat against an armed enemy
between
7 December 1941 and 2 September 1945, and the CIB is considered a citation
in orders for this purpose.  Therefore, based on his having earned the CIB,
the applicant is entitled to a 1st Oak Leaf Cluster with his BSM.

4.  Further, based on his World War II service and campaign participation,
the applicant is also entitled to the French Croix de Guerre and 3 bronze
service stars with his European-African-Middle Eastern Campaign Medal.
Thus, it would also be appropriate to add these awards to his separation
document at this time.
BOARD VOTE:

___SK __  __DJA___  __DRT__  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 him the Purple Heart, for
being wounded in action while serving in the ETO on 7 October 1944 and the
Bronze Star Medal with 1st Oak Leaf Cluster based on his having earned the
Combat Infantryman Badge; by showing that based on his service and campaign
participation in the ETO, he is entitled to the French Croix de Guerre and
3 bronze service stars with his European-African-Middle Eastern Campaign
Medal; and by providing him a correction to his separation document that
reflects these changes.




                                  _____Stanley Kelley______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006195                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/05                              |
|DISCHARGE AUTHORITY     |AR615-365 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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