RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 December 2005
      DOCKET NUMBER:  AR20050007243


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, amendment of his separation document

(WD AGO Form 53-55) by adding the Bronze Star Medal (BSM), Purple Heart
(PH), and Surgical Technician Course.

2.  The applicant states, in effect, he would like Item 33 (Decorations and
Citations) of his WD AGO Form 53-55 amended to add the BSM and PH, and he
would like Item 41 (Service Schools Attended) amended to add the military
occupational specialty (MOS) 861 Surgical Technician Course.

3.  The applicant provides an Honorable Discharge Certificate, WD AGO Form
53-55, BSM Certificate and PH Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 9 October 1945.  The application submitted in this case is
dated
1 May 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 record shows he was inducted into the Army and entered
active duty on 22 March 1943.  His Soldier’s Qualification Card (WD AGO
Form 20) shows he successfully completed the 8 week Surgical Technician
Course in Maryland, which resulted in his being awarded military
occupational specialty (MOS) 861 (Surgical Technician).

4.  The applicant’s record also shows he served in the European Theater of
Operations (ETO) from 7 March 1944 through 5 May 1945 and that he was
assigned to the Medical Detachment, 359th Infantry Regiment.  It also
confirms his participation in the Northern France, Rhineland, and Central
Europe campaigns of World War II.

5.  The applicant’s record further shows he received the Combat Medical
Badge (CMB) on 26 June 1945 and that he earned the European-African-Middle
Eastern Campaign with 3 bronze service stars.

6.  Item 34 (Wounds Received In Action) of the applicant’s WD AGO Form 53-
55, contains the entry “Eur Afr Mid ET 22 March 1945”, which confirms he
was wounded in action in the ETO.

7.  General Orders Number 25, issued by the Hospital Center, Camp Edwards,
Massachusetts, on 4 October 1945 awarded the applicant the PH for wounds he
received in action in the ETO on 21 March 1945.

8.  A Battle Casualty Message, dated 8 April 1945, issued by the Office of
The Adjutant General (OTAG), shows the applicant was slightly wounded in
action on 21 March 1945.

9.  The applicant's records contain a partially legible Certificate of
Disability for Discharge-Report of Medical Board of Officers (WD AGO Form
40).  This document was issued by the Hospital Center, Camp Edwards,
Massachusetts, on 9 October 1945.  It shows the applicant was found
medically unfit for further military service by a board of medical officers
based on weakness and limitation of motion in right hand, which resulted
from his being wounded in combat action on 21 March 1945.

10.  On 9 October 1945, the applicant was honorably separated, by reason of
Certificate of Disability, after completing a total of 2 years, 6 months,
and
6 days of active military service.

11.  The applicant provides a copy of a BSM Certificate, dated 30 November
1989, which was issued by the Army Reserve Personnel Center, St. Louis,
Missouri.  This award was made for meritorious achievement in ground combat
against enemy forces based on his having earned the CMB.  He also provides
a PH Certificate issued at the same time, which erroneously lists the date
he was wounded as 28 March 1945.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is
being awarded must have required treatment by a medical officer; this
treatment must be supported by medical treatment records that were made a
matter of official record.

13.  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 CMB is considered as a citation in
orders.

14.  Paragraph 5-12 of the awards regulation contains guidance on the
European-African-Middle Eastern Campaign Medal.  It states, in pertinent
part, that a bronze arrowhead is authorized for assault landing credit and
a bronze service star is authorized for each campaign a member is credited
with participating in while in the ETO.  A silver service star is used in
lieu of 5 bronze service stars to denote participation in five campaigns.

15.  Paragraph 5-11 of the same regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that it is authorized
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.

16.  Paragraph 7-15 of the awards regulation contains guidance on the
Meritorious Unit Commendation.  It states, in pertinent part, that the
Meritorious Unit Commendation is awarded to units for exceptionally
meritorious conduct in the performance of outstanding services for at least
6 continuous months during the period of military operations against an
armed enemy occurring on or after
1 January 1944.  It further states that an Oak Leaf Cluster is issued to
denote award of second and succeeding awards of the Meritorious Unit
Commendation.

17.  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.  It confirms that during his
tenure of assignment, the applicant’s unit (Medical Detachment, 359th
Infantry Regiment) was awarded the Army of Occupation Medal with Germany
Clasp and 3 Meritorious Unit Commendations.  The unit also received assault
landing credit for Normandy and was credited with participating in the
Ardennes-Alsace, Normandy, Northern France, Rhineland, and Central Europe
campaigns.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that Item 33 of his WD AGO Form 53-55 should
be corrected to include the PH and BSM, and that the MOS 861 Surgical
Technician Course should be added to Item 41 was carefully considered and
found to have merit.

2.  The evidence of record confirms the applicant was wounded in action in
the ETO on 21 March 1945, and awarded the PH in Hospital Center, Camp
Edwards GO Number 25 on 4 October 1945.  Therefore, it would be appropriate
to add the PH to the list of awards contained in Item 33 of his WD AGO Form
53-55.  The date portion of the Item 34 entry should also be corrected by
deleting the current 22 March 1945 entry and replacing it with the correct
date of “21 March 1945”.  In addition, the applicant should be issued a new
PH Certificate that reflects the correct date he was wounded in action.

3.  The evidence also confirms that based on his having received the CMB,
the applicant was awarded the BSM, for his exemplary conduct in ground
combat against an armed enemy in the ETO from 7 March 1944 through 5 May
1945.
As a result, it would also be appropriate to add this award to his
separation document at this time.

4.  The evidence further confirms that the applicant completed the 8 week
MOS 861 Surgical Technician Course in Maryland in 1943.  As a result, this
course should be added to Item 41 of his WD AGO Form 53-55.

5.  The evidence also shows that based on his service and campaign
participation in the ETO, the applicant is entitled to the MUC 2nd Oak Leaf
Cluster, Army of Occupation Medal with Germany Clasp, and a bronze
arrowhead and 1 silver service star with his European-African-Middle
Eastern Campaign Medal.  In addition, Item 32 (Battles and Campaigns) of
his
WD AGO 53-55 should be amended by adding the Normandy and Ardennes-Alsace
campaigns.









BOARD VOTE:

___JNS _  ___LGH _  __MJF__  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 amending his WD AGO Form 53-55 as
follows:

      a.  Item 32 - add the Normandy and Ardennes-Alsace campaigns to the
current list;


      b.  Item 33 - add the Purple Heart, Bronze Star Medal, Army of
Occupation Medal with Germany Clasp, Meritorious Unit Commendation
2nd Oak Leaf Cluster to the current list of awards and add a bronze
arrowhead and 1 silver service star to the European-African-Middle Eastern
Campaign Medal portion of the entry;


      c.  Item 34 - delete the current date of “22 Mar 45” entered and
replace it with the correct date of “21 March 1945”;


      d.  Item 41 - delete the current entry “None” and replace it with the
entry
“Surgical Technician Course (MOS 861), 8 weeks, 1943”; and

      e. issue him a new Purple Heart Certificate that contains the correct
date he was wounded in action, which is 21 March 1945.




                            _____John N. Slone_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007243                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/12/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/10/09                              |
|DISCHARGE AUTHORITY     |AR615-361                               |
|DISCHARGE REASON        |Certificate of Disability               |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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