RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 January 2006
      DOCKET NUMBER:  AR20050006659


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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, correction of his military records
to show award of the French Fourragere and the Purple Heart.

2.  The applicant states, in effect, that the French Fourragere was omitted
from his discharge document.  He contends that he sustained a leg injury as
the result of sniper fire in November 1944 and that the company clerk of
Company C and the clerk in the hospital erred in recording the events that
required his hospitalization in the 16th General Hospital.  He points out
that the Morning Report incorrectly states he fractured his leg and that if
he had fractured his leg he would not have returned to his unit for limited
duty a few days later.  He also points out that the hospital orders
incorrectly listed him as a "NB" [non-battle] casualty.  He also states he
was assigned to the 8th Air Force around January 1944 and remained with Air
Force units until around April 1944.

3.  The applicant provides a letter, dated 11 February 2002, from the
Military Awards Branch, U.S. Total Army Personnel Command and a copy of his
WD AGO Form 53-55 (Enlisted Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
9 October 1945.  The application submitted in this case is dated 22 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 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 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.

4.  The applicant was inducted on 11 November 1942 and entered active duty
on
18 November 1942.  He served in the European Theater of Operations from

3 November 1943 through 23 September 1945 and was honorably discharged on
9 October 1945.

5.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows his
organization as the 332nd Signal Company Wing.  Item 32 (Battles and
Campaigns) on his WD AGO Form 53-55 shows he participated in five battles
and campaigns.  Item 33 (Decorations and Citations) on his WD AGO Form 53-
55 shows the European-African-Middle Eastern Campaign Medal as an
authorized award.  Item 34 on the applicant’s WD AGO Form 53-55 shows the
entry, “NONE.”

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II.  This document shows the 332nd Signal Company, Wing
was not cited for the French Fourragere.

7.  There is no evidence in the available records that shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

8.  A Morning Report for Company C, 555th Signal Air Warning Battalion,
dated
25 November 1944, shows the applicant was hospitalized for a fractured leg.
 There is no evidence that this injury was the result of hostile action.

9.  Headquarters, 16th General Hospital Special Orders Number 165, dated
29 November 1944, show the applicant returned to duty and the "Type of
Casualty" was "NB" [non-battle].

10.  Department of the Army Pamphlet 672-1 shows the 555th Signal Air
Warning Battalion was not cited for the French Fourragere.  This document
does show Company C, 555th Signal Air Warning Battalion was cited for the
Belgian Fourragere.

11.  A DD Form 215 (Correction to DD Form 214), dated 19 October 2001,
amended the applicant's WD AGO Form 53-55 to show the Good Conduct Medal,
the Army of Occupation Medal with Germany Clasp, the Presidential Unit
Citation, the Belgian Fourragere, and the Sharpshooter Marksmanship
Qualification Badge with Rifle and Carbine Bars.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the
French Fourragere as an approved foreign unit award.  The French Fourragere
may be awarded by the French Government when a unit has been cited twice
for award of the French Croix de Guerre.

13.  Army Regulation 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 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.

14.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant's unit was
cited twice for award of the French Croix de Guerre.  Therefore, there is
insufficient evidence on which to base award of the French Fourragere.   It
is noted however, the applicant stated he had been assigned to the 8th Air
Force and other Air Force units prior to his transfer to the 332nd Signal
Company Wing.  He is encouraged to contact the Department of the Air Force
to determine if they have records which could verify his assignment to
these Air Force units and entitlement to the French Fourragere.

2.  Although the applicant contends that he sustained a leg injury as the
result of sniper fire in November 1944, medical evidence of record shows he
was hospitalized for a fractured leg on 25 November 1944.  Hospital orders
show he was he was returned to duty on 29 November 1944 for a non-battle
casualty.  There is no evidence in the available records which shows that
he was wounded or injured a result of hostile action during World War II.
Regrettably, there is insufficient evidence on which to base award of the
Purple Heart in this case.

3.  The applicant participated in five battles and campaigns during World
War II which entitles him to award of the European-African-Middle Eastern
Campaign with one silver service star.

4.  The applicant served a period of qualifying service for award of the
World War II Victory Medal.
5.  Records show the applicant should have discovered the alleged errors
now under consideration on 9 October 1945; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  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.

6.  Evidence shows that the applicant’s records contain administrative
errors which do 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

KW_____  _DD____  __QS____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the European-African-
Middle Eastern Campaign Medal with one silver service star and the World
War II Victory Medal.



            ___Kenneth Wright_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006659                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0096                                |
|2.                      |107.0015                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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