RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 January 2006
      DOCKET NUMBER:  AR20050007740


      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:

|     |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, that his separation document
(WD AGO 53-55) be corrected to reflect he was assigned to 2467th
Quartermaster (QM) Trucking Company and that his military occupational
specialty (MOS) was truck driver; and by adding the Purple Heart (PH) to
the list of awards in Item 33 (Decorations and Citations).

2.  The applicant states, in effect, that he was in the 2467th QM Trucking
Company and not the 2767th QM Trucking Company, and that his MOS was truck
driver and not auto mechanic.  He further states that he was wounded in
Italy in 1944, and that he was hospitalized and treated for his wounds.  He
further states that he currently has a 30 percent disability in his left
eye from the shrapnel wound he received to the left side of his face.

3.  The applicant provides a separation document (WD AGO Form 53-55) and a
Certificate of Merit in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 18 October 1945.  The application submitted in this case
is dated
24 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 are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center (NPRC) in 1973.  It is believed
his 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 Final Payment Worksheet.
4.  The applicant’s separation document shows that he was inducted into the
Army and entered active duty on 4 January 1943.  He continuously served on
active duty for 2 years, 9 months, and 21 days until being honorably
separated on 18 October 1945.

5.  The applicant’s WD AGO Form 53-55 indicates he was a member of the QM
Corps branch of service in Item 4 (Arm of Service), and Item 6
(Organization) shows he was assigned to the 2767th QM Truck Company.  Item
30 (Military Occupational Specialty and Number) contains the entry “auto
mech  014”, which indicates he was an automobile mechanic.

6.  The applicant’s WD AGO Form 53-55 also shows that he served in the
European Theater of Operations (ETO) from 21 January 1944 through 6 August
1945, and that he participated in the Rome-Arno campaign.  Item 33  shows
he earned the European-African-Middle Eastern Campaign Medal with 1 bronze
battle star, Army Good Conduct Medal, and 3 Overseas Bars during his active
duty tenure.  The PH is not included in the list of awards contained in
Item 33, and Item 34 (Wounds Received in Action) contains the entry “None”,
which indicates he was never wounded as a result of enemy action.  The
applicant authenticated his separation document with his signature in Item
56 (Signature of Person Being Separated).

7.  An OTSG Hospital Admission Record pertaining to the applicant on file
at the National Personnel Records Center (NPRC) does show he was admitted
to a medical treatment facility in the ETO in July 1944.  This document
further confirms that he was treated for wounds to his face and cheek he
received as a result of a non-battle related ammunition explosion.  The
report does not list the applicant as a battle casualty and does not
indicate the wounds were received as a result of, or were caused by enemy
action and codes the applicant as a
non-battle casualty.

8.  The applicant's record contains a copy of a VA Rating Decision, dated
22 April 2005.  This document shows the applicant was denied service
connection for residual shell fragment wound to cheek and left eye
disability, and indicated their rating decision was supported by military
hospital admission records, which confirmed the applicant’s conditions were
not sustained in combat.

9.  The applicant provides a copy of a Certificate of Merit he received in
recognition of his meritorious service in support of combat operations.
This document was signed by the commander of the 2467th Quartermaster
Trucking Company, Aviation and verifies this was his unit of assignment.
10.  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

11.  Technical Manual 12-235, which prescribed the policy and procedure for
the preparation and distribution of separation documents during the period
in question, stated that the MOS and Number held would be entered in Item
30 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his organization was erroneously
entered on his WD AGO Form 53-55 as 2767th QM Trucking Company and should
be 2467th QM Trucking Company Aviation was carefully considered and found
to have merit.  The Certificate of Merit provided by the applicant confirms
the unit designation number was incorrectly transcribed onto his separation
document as 2767th instead of 2467th.  Therefore, it would be appropriate
to correct Item 6 of his WD AGO Form 53-55 accordingly.

2.  The applicant's request to change the MOS listed on his separation
document was also carefully considered.  However, by regulation, the MOS
held at the time of separation would be entered in item 30 of the WD AGO 53-
55.  The applicant authenticated the separation document with his signature
on the date of his separation.  In effect, this was his verification that
the information contained on the WD AGO Form 53-55, to include the MOS
entry in Item 30, was correct at the time the document was prepared and
issued.  Absent any evidence confirming that the MOS and Number currently
listed on the separation document is in error, there is an insufficient
evidentiary basis to make this change at this late date.

3.  The applicant’s claim of entitlement to the PH was also carefully
considered.  However, by regulation, in order to support award of the PH,
there must be evidence that the wound for which the award is being made was
received as a result of, or that it was caused by enemy action.

4.  The veracity of the applicant’s claim that he was treated for wounds to
his face and cheek while serving in the ETO during World War II is not in
question.  However, the OTSG Hospital Admission Record on file confirms
this injury was received as a result of a non-battle related ammunition
explosion, and that it was not received as a result of, nor was it caused
by enemy action.  Therefore, the regulatory burden of proof necessary to
support award of the PH has not been satisfied in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL 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 amending Item 6
(Organization) of his 18 October 1945 WD AGO Form 53-55 by deleting the
current entry and replacing it with “2467th Quartermaster Trucking Company,
Aviation”.

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 and changing his military occupational specialty
to truck driver.




                                  _____Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007740                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/10/18                              |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT-Partial                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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