RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060000239


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard  O. Murphy            |     |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 the military records
of her deceased spouse, a former service member (FSM) to show award of the
Purple Heart and all other awards and decorations he earned during his
military service.

2.  The applicant states, in effect, that the FSM is entitled to award of
the Purple Heart based on the fact that he was injured during World War II
and received the Purple Heart.  She further states, in effect, that the
other medals the FSM is entitled to should also be shown on his discharge
document.  The applicant adds that the FSM's medals and ribbons were lost
in a fire and the family is attempting to correct the FSM's records and
obtain replacement medals.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted
Record and Report of Separation - Honorable Discharge), with an effective
date of 14 May 1945; Army of the United States Honorable Discharge
Certificate, dated 14 May 1945; Wilkes County, North Carolina, Certificate
of Marriage, pertaining to the FSM and applicant, issued on 13 September
1946; and North Carolina Department of Human Resources, Division of Health
Services, Vital Records Branch, Certificate of Death, pertaining to the
FSM, dated 1 October 1988.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 May 1945, the date of the FSM's discharge.  The application
submitted in this case is dated 17 December 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 FSM's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Available records consist primarily
of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation -
Honorable Discharge), with an effective date of 14 May 1945, and two WD AGO
Forms 55 (Honorable Discharge from the Army of the United States), dated 19
September 1939 and 26 September 1938, respectively.
4.  Available military service records show that the FSM served as a
Fireman in the U.S. Navy from 5 August 1929 to 15 November 1930.  The FSM
enlisted in the Army of the United States on 15 August 1936, served in
military occupational specialty (MOS) 824 (Cook), reenlisted on 27
September 1938, and was honorably discharged in the grade of rank of
corporal, on 19 September 1939.

5.  On 9 September 1940, the FSM enlisted in the Army of the United States
and entered active duty on 16 September 1940.  He was assigned to Company
A, 117th Infantry Regiment, departed the continental United States for
service overseas in the European Theater of Operations on 12 February 1944,
and returned to the United States on 4 January 1945.  The FSM was honorably
discharged with a certificate of disability on 14 May 1945 after serving on
active duty during this period a total of 4 years, 8 months, and 6 days and
having completed a total of 11 years, 11 months, and 24 days of military
service.

6.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55
shows that the FSM was awarded the "ETO Ribbon" (i.e., European-African-
Middle Eastern Campaign Medal) and "American Defense Ribbon" (i.e.,
American Defense Service Medal).  Item 34 (Wounds Received in Action) of
the FSM's
WD AGO Form 53-55 contains the entry "France, 15 Jun 44."

7.  In the processing of this case, an extract of "Information from the
Hospital Admission Cards Created by the Office of The Surgeon General,
Department of the Army, Information for the Year 1945, dated 17 January
2006, was obtained.  This document shows that, while serving in the
European Theater of Operations, the FSM sustained a compound fracture of
the metatarsal bones that was caused by a rifle bullet and that he received
treatment for this battle injury on
17 July 1944.

8.  A review of the FSM's military service records reveals that the FSM may
be entitled to awards that are not shown in his records.

9.  There is no evidence the FSM was awarded the Good Conduct Medal.  The
FSM's military service records do not contain any evidence of conviction by
court-martial or other adverse information.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for World War II and shows that the FSM participated in the
Normandy campaign.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, lists the unit awards
received by units serving in World War II.  This document shows that, at
the time of the FSM's assignment to Company A, 117th Infantry Regiment, the
unit was cited for award of the French Croix de Guerre, for actions on 15
June 1944, by Headquarters, Department of the Army, General Orders Number
14 (1959).

12.  The FSM's WD AGO Form 55, dated 19 September 1939 shows in the item
"Qualification in arms" the entry "Marksman, Jul 28/39, 206, Service Rifle
Cal. 30."  In addition, the "Remarks" section of this document contains, in
pertinent part, the entry "Additional Qualification in Cavalry Arms:
Mounted, Pistol, Cal. 45, Expert, Sep 10/37, 82.11%, Pistol Dis-Mounted,
Marksman, Jul 8/37, 74.33%."

13.  The FSM's WD AGO Form 55, dated 26 September 1938, shows in the item
"Qualification in arms" the entry "Rife Marksman, Sep. 16/37 (199)."  In
addition, the "Remarks" section of this document contains, in pertinent
part, the entry "Additional Qualifications, Cavalry Arms:  Pistol, Mounted,
Expert, 9/10/37, 82.11%); Pistol, Dis-Mounted, Marksman, 7/8/37 (74.33%);
Machine Gun, Expert, 10/11/37 - (233)."

14.  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.  Army
Regulation 600-45 (Decorations), which governed the award of Army
decorations until
23 August 1951, stated that for the purpose of considering an award of the
Purple Heart, a “wound” is defined as an injury to any part of the body
from an outside force, element, or agent sustained while in action in the
face of the armed enemy or as a result of a hostile act of such enemy.  The
Army regulation further states that substantiating evidence must be
provided to verify that the wound was the result of hostile action, the
wound must have required treatment by a medical officer, and the medical
treatment must have been made a matter of official record.

15.  Army Regulation 600-65 (Service Medals), in effect at the time,
provided policy and criteria concerning awards and service medals.  It
stated, in pertinent part, that the Army Good Conduct Medal was established
by Executive Order 8809, on 28 June 1941, and is awarded for each 3 years
of continuous enlisted active Federal military service completed on or
after 27 August 1940 to 2 March 1946.  At the time, a Soldier's conduct and
efficiency ratings must have been rated as "excellent" for the entire
period of qualifying service and there must have been no convictions by
court-martial.

16.  Army Regulation 600-8-22 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 for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, duty outside the continental
United States as a passenger or in a temporary duty status for 30
consecutive or
60 nonconsecutive days, active combat against the enemy and was awarded a
combat decoration or furnished a certificate by a corps commander or
higher, or service within the continental United States for an aggregate
period of one year.

17.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
European-African-Middle Eastern Campaign Medal for qualifying service in
the European-African-Middle Eastern Theater of Operations for the period
7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also
authorizes a bronze service star, based on qualifying service, for each
campaign listed in Appendix B of this regulation or listed in item 32
(Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states
that authorized bronze service stars will be worn on the appropriate
campaign or service medal, including the European-African-Middle Eastern
Campaign Medal.

18.  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.

19.  Army Regulation 600-8-22 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.  When a unit is cited twice for the Croix de
Guerre, then the colors of the fourragere are red and green.  When a unit
is cited four times, the colors of the fourragere are yellow and green.
Award of the fourragere is not automatic and requires a decree by the
French Government, and persons who were only in one action are not
authorized to wear the fourragere.  When a unit was cited only one time for
award of the French Croix de Guerre there was no individual device, medal
or ribbon authorized for wear by members of the unit.

20.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center
published the policy regarding awards of the French Croix de Guerre to U.S.
Army veterans who had served in World War I and World War II.  Essentially,
this guidance states that there is no individual emblem presented to or
worn by Army Soldiers who were in a unit cited by the French Government for
the Croix de Guerre.  Thus, former members of any American units which
appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Credit Register) are not authorized an individual device.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

22.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States (CONUS) for the specific time frames and areas
of operation cited in Army Regulation 670-1, or appropriate Department of
the Army message.  For World War II service, one Overseas Service Bar is
authorized for each period of
6 months active Federal service as a member of a U.S. Service outside CONUS
from 7 December 1941 to 2 September 1946.  For credit toward the Overseas
Service Bar, service is computed between dates of departure from, and
arrival at, a port in the United States or the boundary of CONUS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM is entitled to award of
the Purple Heart because the FSM's discharge document shows that he was
wounded in action in France on 15 June 1944.  The applicant also contends
that the FSM may be entitled to additional awards that are not shown on the
FSM's discharge document.

2.  There is no evidence of record that shows the FSM was awarded the
Purple Heart.  However, the evidence of record shows that the FSM was
wounded in action on 15 June 1944 when he received a bullet wound to his
foot while serving in France.  The evidence of record also shows that the
FSM received medical treatment for this wound and that the treatment was
documented in medical records.  Therefore, the FSM is entitled to award of
the Purple Heart.

3.  The FSM is entitled to the first award of the Good Conduct Medal for
the period 16 September 1940 through 15 September 1943 based on completion
of a qualifying period of Federal active military service.  Therefore, the
FSM's records should be corrected to show this award.
4.  The evidence of record shows that the FSM served of period of more than
1 aggregate year within the continental United States between 7 December
1941 and 2 March 1946.  Therefore, the FSM's records should be corrected to
show award of this service medal.

5.  The evidence of record shows that while the FSM was assigned to the
117th Infantry Regiment the unit participated in the Normandy campaign.
Therefore, the FSM's records should be corrected to show award of the
European-African-Middle Eastern Theater Campaign Medal with 1 bronze
service star.

6.  The evidence of record shows that the FSM's service qualifies him for
award of the World War II Victory Medal.  Therefore, the FSM's records
should be corrected to show this service medal.

7.  General Orders awarded the FSM's unit the French Croix de Guerre.
Therefore, it would be appropriate to correct the FSM's records to show
this foreign unit award.

8.  The evidence of record shows that the FSM qualified for the Expert
Marksmanship Qualification Badge with Machinegun and Pistol Bars and the
Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, it
would be appropriate to correct the FSM's records to show these two badges.

9.  Records show that the FSM departed the United States in February 1944,
served in the European Theater of Operations during World War II, and
returned to the United States in January 1945.  Therefore, the FSM's
records should be corrected to show award of 2 Overseas Service Bars.

10.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 14 May 1945, the date of his
discharge.  Therefore, based on the date the Board was established, 2
January 1947, the time for the FSM to have filed a request for correction
of any error or injustice expired on
1 January 1950.  Although this request was not submitted within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact that there is no statute of limitations on requests for
award of the Purple Heart.

BOARD VOTE:

__ENA___  __RML__  __ROM_  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:

      a.  awarding the FSM the Purple Heart for wounds received in action
on 15 June 1944 in France during World War II;

      b.  awarding the FSM the Good Conduct Medal for exemplary conduct,
efficiency, and fidelity during the period 16 September 1940 through
15 September 1943;

      c.  correcting his WD AGO Form 53-55 to delete:  "ETO Ribbon and
American Defense Ribbon"; and

      d.  correcting his WD AGO Form 53-55 to add:  Purple Heart, Good
Conduct Medal, American Defense Service Medal, American Campaign Medal,
European-African-Middle Eastern Campaign Medal with 1 bronze service star,
World War II Victory Medal, French Croix de Guerre, Expert Marksmanship
Qualification Badge with Machinegun and Pistol Bars, Marksman Marksmanship
Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.




                                   _Eric N. Andersen_
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000239                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19450514                                |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |Certificate of Disability for Discharge |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |107.0096.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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