RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 January 2006
      DOCKET NUMBER:  AR20050007632


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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) and
Presidential Unit Citation (PUC).

2.  The applicant states, in effect, that he was awarded the PH in France
for wounds he received in Belgium.  He also states that the PUC was awarded
to everyone assigned to the 1st Infantry Division, the unit to which he was
assigned and he is entitled to receive this award as well.

3.  The applicant provides two newspaper articles and a copy of his
separation document (WD AGO Form 53-55) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 19 May 1945.  The application submitted in this case is dated 13 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 military records were 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 his
records were lost in that fire.  This case is being considered using
reconstructed records that primarily consist of the applicant's separation
document and information from Hospital Admission Cards prepared by the
Office of The Surgeon General (OTSG).

4.  The separation document shows that the applicant was inducted into the
Army of the United States and entered active duty on 25 October 1942.  He
continuously served on active duty until he was honorably separated on 19
May 1945, having completed 2 years, 7 months and 10 days active military
service.

5.  The applicant's WD AGO Form 53-55 also shows he served in the European
Theater of Operations (ETO) from 17 April 1944 through 17 January 1945, and
that he was assigned to the 16th Infantry (Inf) Regiment (Rgmt).  It
further shows that during his active duty tenure, he earned the Army Good
Conduct Medal, European-African-Middle Eastern Campaign Medal with 1 bronze
service star, Combat Infantryman Badge, and Sharpshooter Qualification
Badge with Rifle Bar.

6.  Item 32 (Battles and Campaigns) of the applicant's separation document
shows he participated in the Normandy campaign.  Item 34 (Wounds Received
In Action) contains the entry “None”.

7.  The reconstructed record contains an OTSG Hospital Admission Record
pertaining to the applicant.  This report indicates that he was admitted to
a military medical treatment facility in the ETO on 4 September 1944, and
was treated for a compound fracture injury that was caused by a bullet from
a pistol or revolver.  This document also provides the circumstances of the
injury and it indicates that the applicant was injured during the handling
of firearms, ammunitions, etc., on post or in camp while cleaning the gun
on the range.  This document further indicates that the applicant could
have injured himself or that his injury could have been caused by someone
else.  It further specifies that the injury was non-battle related.

8.  The applicant provides two news articles that indicate he was awarded
the PH.

9.  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, and this treatment must have been made a matter of official
record.

10.  Paragraph 3-13 of the awards regulation outlines the criteria for
award of the BSM.  It states, in pertinent part, that the BSM is authorized
to members 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.

11.  Paragraph 5-11 of the Awards Regulation governs award of the World War
II Victory Medal.  It states that it is awarded for service between 7
December 1941 and 31 December 1946, both dates inclusive.  This award is
not shown on his WD AGO 53-55.

12.  Paragraph 5-14 of the Awards Regulation provides, in pertinent part,
for award of the American Campaign Medal.  This campaign medal is awarded
for qualifying service in the American Theater between 7 December 1941 and
2 March 1946.  Qualifying service includes service within the continental
United States for an aggregate period of one year.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in WWII.  This document shows that the 16th Inf Regt was a part of
the 1st Inf Division and at the time of the applicant's assignment to that
unit, the unit received the Distinguished Unit Citation (renamed
Presidential Unit Citation after 3 November 1966), French Fourragere and
was credited with participating in the Northern France campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the PH and PUC has
been carefully considered.  By regulation, 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, and this treatment must have been
made a matter of official record.

2.  Notwithstanding the newspaper articles provided by the applicant, the
OTSG report confirms that the applicant received a non-battle injury when
the bullet of a pistol/revolver was discharged while the weapon was being
cleaned by the applicant or by another individual.  This injury occurred
during the normal routine maintenance of the weapon and it was not the
direct result of, or caused by enemy action.  Therefore the regulatory
burden of proof necessary to qualify for award of the PH has not been
satisfied in this case.

3.  The newspaper articles submitted by the applicant indicate he was
awarded the PH.  However, these articles are not corroborated by the
available evidence of record.  The medical evidence confirms the injury the
applicant received was non-battle related, and his separation document
contains an entry confirming he was never wounded in action.  As a result,
this evidence is not sufficient to support award of the PH at this late
date.

4.  The BSM is authorized to members who received the CIB between
7 December 1941 and 2 September 1945.  As a result, given the applicant was
awarded the CIB during World War II, it would be appropriate to award him
the BSM for his exemplary conduct in ground combat against an armed enemy
in the ETO from 17 April 1944 through 17 January 1945.

5.  The evidence also confirms that his World War II and ETO service
entitle him to the World War II Victory Medal, American Campaign Medal,
Presidential Unit Citation (Distinguished Unit Citation), French Fourragere
and 1 additional bronze service star with his European-African-Middle
Eastern Campaign Medal based on his participation in the Northern France
campaign.  Thus, it would be appropriate to add these awards to his
separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___SLP _  ___CAD_  __KSJ___  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:

      a.  awarding him the Bronze Star Medal;


      b.  adding “Northern France” to Item 32 of his WD AGO Form 53-55;


      c.  deleting the current list of awards in Item 33 of his separation
document and replacing it with the following list:  " Army Good Conduct
Medal; European African-Middle-Eastern Campaign Medal with 2 bronze service
stars; Combat Infantryman Badge; Bronze Star Medal; World War II Victory
Medal; American Campaign Medal, Presidential Unit Citation; and French
Fourragere; and


      d.  issuing a correction to the separation document that reflects
these changes.

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.




            ____Shirley L. Powell_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007632                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/05/19                              |
|DISCHARGE AUTHORITY     |AR 615-631                              |
|DISCHARGE REASON        |Certificate of disability discharge     |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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