RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050008039


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |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 that her late husband, a former service member
(FSM) be awarded the Purple Heart.

2.  The applicant states the FSM incurred a gunshot wound to his left foot
while serving in England in January 1945.  The applicant continues that the
FSM never received the Purple Heart and his records should be corrected to
reflect this award.

3.  The applicant provides a copy of WD AGO Form 53-55 (Enlisted Record and
Report of Separation – Honorable Discharge) with the date of separation
31 October 1945; a WD AGO Form 38 (Report of Physical Examination of
Enlisted Personnel Prior to Discharge, Release From Active Duty or
Retirement), undated; VA Form 21-4138 (Statement in Support of Claim),
dated 18 May 2005; a copy of Certificate of Death of the FSM; a copy of DD
Form 214 (Report of Separation from the Armed Forces of the United States)
with an effective date of separation 20 February 1950; a copy of DD Form
214 with an effective date of separation 1 February 1955; a copy of DD Form
214 with an effective date of 20 June 1958; a copy of a letter from the
Naval Reserve Personnel Center, dated 28 November 1977; and a copy of a
Marriage Certificate, dated 29 January 1984.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1945, the date of the FSM's separation from the
Army.  The application submitted in this case is dated 22 January 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 FSM's failure to timely file.

3.  The FSM’s military records are not available for review.  A fire
destroyed approximately 18 million service members’ records at the National
Personnel Records Center in 1973.  It is believed that the FSM’s records
were lost or destroyed in that fire.  However, the applicant submitted
sufficient documentation for the ABCMR to conduct a fair and impartial
review of this case.
4.  The FSM's WD AGO Form 53-55 shows he was inducted in the Army on
25 March 1943 and served in the military occupational specialty 345 (Truck
Driver, Light).  This form also shows he was awarded the Good Conduct
Medal, the European-African-Middle Eastern Service Ribbon [now known as the
European-African-Middle Eastern Campaign Medal] with four bronze service
stars, the Distinguished Unit Badge, the American Defense Service Ribbon,
and the American Service Ribbon.

5.  The WD AGO Form 53-55 also shows the FSM was assigned to the 66th
Armored Field Artillery Battalion while serving in the European-African-
Middle Eastern Theater from 10 January 1944 through 30 August 1945.  The
FSM was honorably separated on 31 October 1945.

6.  The FSM's naval service records show he served honorably in the Navy
from 13 February 1948 through the date he was transferred to the Retired
List of the U.S. Navy/Naval Reserve on 1 January 1978.

7.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 does
not show award of the Purple Heart.  Item 34 (Wounds Received in Action)
contains the entry "None."

8.  The applicant submitted a WD AGO Form 38 (Report of Physical
Examination of Enlisted Personnel Prior to Discharge, Release from Active
Duty or Retirement) which shows the FSM had a physical prior to his
separation from the Army.  This form shows the FSM incurred a gunshot wound
while in action.  This form further shows that the wounds were sustained in
January 1945 while the FSM was serving in England.

9.  The applicant submitted a DD Form 214 with an effective date of
separation 20 February 1950 which shows the FSM was honorably discharged
from the U.S. Navy.  Item 29 (Wounds Received as Result of Action with
Enemy Forces) of this form shows an entry "Fifth Metatarsol, Left Foot
January 7, 1945 8:00 p.m. Bastone, Belgium."

10.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

11.  Review of the FSM's personnel records indicates that he is entitled to
additional awards that are not shown on his WD AGO Form 53-55.

12.  The FSM's separation document does not show award of the World War II
Victory Medal.

13.  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.

14.  Item 32 (Battle and Campaigns) of the FSM's WD AGO Form 53-55 shows he
participated in the following campaigns:  Normandy, Rhineland, Ardennes,
and Northern France.  Item 33 (Decorations and Citations) shows that he was
awarded the European-African-Middle Eastern Theater Campaign Ribbon
(currently known as the European-African-Middle Eastern Campaign Medal)
with four bronze service stars.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists campaigns participated by units during
the World War II.  This document shows that, at the time of the FSM’s
assignment to the 66th Armored Field Artillery Battalion, it participated
in the Normandy, Central Europe, Rhineland, Ardennes, and Northern France.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  A silver service star
is authorized in lieu of five bronze service stars.

17.  Department of the Army Pamphlet 672-1 also lists unit citations,
foreign awards and occupation credit that units received during World War
II.  While the FSM was assigned to the 66th Armored Field Artillery
Battalion, it was awarded the French Fourragere for actions during the
periods 27 July 1944 through 11 August 1944 and 12 September 1944 through
29 September 1944, based on Department of the Army General Order 43, dated
1950.

18.  Department of the Army Pamphlet 672-1 also shows that the 66th Armored
Field Artillery Battalion received occupation credit in Germany for the
period 20 May 1944 through 27 February 1945.


19.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her late husband, the FSM, should be
awarded the Purple Heart for wounds he received in January 1945.

2.  Evidence shows the FSM was wounded as result of hostile action on
7 January 1945 while serving in Europe during World War II; therefore, he
is entitled to award of the Purple Heart and correction to his records to
reflect this award.

3.  Records show the FSM served in Europe during a qualifying period for
award of the World War II Victory Medal.  Therefore, he is entitled to
correction of his records to show this award.

4.  General Orders awarded the FSM's unit the French Fourragere for actions
during the periods 27 July 1944 through 11 August 1944 and 12 September
1944 through 29 September 1944.  Therefore, the FSM is entitled to
correction of his records to show this foreign award.

5.  Department of the Army Pamphlet 672-1 shows the unit to which the FSM
was assigned received occupation credit for Germany.  As a result, the FSM
is entitled to award of Army of Occupation Medal with Germany Clasp and
correction of his records to show this award.

6.  The FSM's separation document shows he was credited for four campaigns
during his service in World War II.  However, evidence of record shows the
FSM actually participated in five campaigns.  Therefore, he is entitled to
correction of his records to show one silver service star to be affixed to
his European-African-Middle Eastern Campaign Medal.




7.  Records show the FSM should have discovered the error or injustice now
under consideration on 31 October 1945, the date of his separation from
active duty.  The ABCMR was not established until 2 January 1947.
Therefore, the time for the FSM to file a request for correction of any
error or injustice expired on 1 January 1950.  Although the FSM did not
file within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

_MKP____  __LDS__  __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:

      a.  by posthumously awarding the FSM the Purple Heart for wounds
received on 7 January 1945;


      b.  by showing the World War II Victory Medal, the French Fourragere,
the Army of Occupation Medal with Germany Clasp; and


      c.  by showing campaign credit for the Central Europe campaign, and
based on this correction, awarding a silver service star to be affixed to
his European-African-Middle Eastern Campaign Medal.




                                __Margaret K. Patterson___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050008039                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1. 61    |107.0015/PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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