RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060004955


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that his request for award of the
Purple Heart have been denied by the National Personnel Records Center, St.
Louis, Missouri, due to a lack of records.  He also states, in effect, that
existing records do not reference the necessity of hospitalization due to
injuries received in combat, other than for frostbite/trench foot.  The
applicant adds, in effect, that the Department of Veterans Affairs Rating
Decision and pages from his medical records make reference to an injury
caused by the explosion of a tank shell that resulted in hearing loss and
tinnitus and support his claim for an injury suffered due to enemy action.

3.  The applicant provides a copy of his Department of Veterans Affairs
(VA) Rating Decision, dated 22 September 2005; South Strand Internist,
Nerve Conduction Study, dated 14 March 2006; Form 52A (Medical Record
Report), dated 17 February 1944; Form 206 (Patient's Record), dated 21
December 1944; 317th Station Hospital, Trench Foot Report, dated 14
February 1945; Medical Transfer Slip, dated 9 March 1945; Medical Report,
dated 28 March 1945; and   Consultation Request, dated 16 December 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 March 1946, the date of his separation from active
duty.  The application submitted in this case is dated 28 March 2005 (sic).

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 service records were lost or destroyed in the
National Personnel Records Center fire of 1973.  Available records consist
primarily of the applicant's WD AGO Form 53-55 (Enlisted Record and Report
of Separation -Honorable Discharge), dated 16 March 1946; WD AGO Form 100
(Army of the United States - Separation Qualification Record), and WD Form
372B (Final Payment - Work Sheet), dated 13 March 1946.
4.  Military records show that the applicant was inducted into the Army of
the United States on 3 March 1943 and entered active duty on 10 March 1943.
 He was assigned to Company F, 310th Infantry Regiment and served in the
European Theater of Operations from 14 October 1944 to 11 March 1946.  The
applicant was honorably discharged on 16 March 1946 after completing a
total of 3 years and 7 days of active military service.

5.  Item 31 (Military Qualification and Date) of the applicant's WD AGO
Form
53-55 shows he was awarded the Combat Infantryman Badge.  Item 32 (Battles
and Campaigns) shows that he participated in the Ardennes and Rhineland
campaigns.  Item 33 (Decorations and Citations) shows that the applicant
was awarded the American Service Medal, European-African-Middle Eastern
Service Medal, and the World War II Victory Medal.  Item 34 (Wounds
Received in Action) of the applicant's WD AGO Form 53-55 contains the entry
"None."

6.  There are no orders in the applicant's military service records which
show he was awarded the Purple Heart.

7.  In support of his application, the applicant provides a copy of a VA
Rating Decision and South Strand Internist, Nerve Conduction Study.  In
pertinent part, the VA Rating Decision shows that a service connection
rating for bilateral hearing loss was granted to the applicant based on
"reported complaints of tinnitus after an explosion on March 14, 1945."
The documents the applicant provides from his military service medical
records show that he was diagnosed with trench foot on 17 December 1944 ,
received medical treatment in early 1945, and rehabilitation for the
condition throughout the remainder of 1945.  The medical records also show
that on 28 February 1945 the applicant was diagnosed with bilateral hearing
loss, on 14 March 1945 reported that the applicant "still has tinnitus",
and on 16 December 1945 indicated he had some impaired hearing in his left
ear since an "explosion near him."

8.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his WD AGO Form 53-55.

9.  There is no evidence in the applicant's military service records that
shows he was awarded the Bronze Star Medal, as a result of award of the
Combat Infantryman Badge.

10.  There is no evidence the applicant was awarded the Good Conduct Medal.
There also is no evidence that the applicant was disqualified for the award
due to conviction by court-martial, nor do his records contain any adverse
information.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Bronze Star Medal is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
Bronze Star Medal is also authorized for each individual who was cited in
orders or awarded a certificate for exemplary conduct in ground combat
between 7 December 1941 and 2 September 1945, or whose achievement or
service during that period was confirmed by documents executed prior to 1
July 1947.  An award of the Combat Infantryman Badge or the Combat Medical
Badge is considered to be a citation in orders.  This means, in effect,
that the Bronze Star Medal is to be awarded to individuals who were
authorized either badge for service during World War II.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  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.  However, there was no right or
entitlement to the medal until the immediate commander made a positive
recommendation for its award and until the awarding authority announced the
award in General Orders.

13.  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 and states that authorized
bronze service stars will be worn on the appropriate campaign or service
medal including the European-African-Middle Eastern Campaign Medal.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows World War II units
that are authorized occupation credit and therefore, entitlement to the
Army of Occupation Medal.  Additionally, 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, and
escort on 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 2 May 1945 and 31 October 1945 and the
European-African-Middle Eastern Campaign Medal must have been awarded prior
to 9 May 1945.

15.  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.

16.  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.  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.  This regulation
provides examples of injuries or wounds which clearly justify award of the
Purple Heart and includes injury caused by enemy bullet, shrapnel, or other
projectile created by the enemy, including concussion injuries caused as a
result of enemy generated explosions (emphasis added).  The regulation also
provides examples of injuries which clearly do not qualify for award of the
Purple Heart and states, in pertinent part, trench foot injuries do not
qualify for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart for injuries he received while serving during World War II.
However, the applicant provides insufficient evidence in support of his
claim.

2.  There is no evidence the applicant was awarded the Purple Heart.  There
are no medical records which show that the applicant was wounded or injured
as a result of hostile action.  There is also no medical evidence of record
which shows that he received medical treatment for a wound or injury that
was sustained as a result of enemy action (emphasis added).  Therefore,
there is insufficient evidence upon which to base award of the Purple Heart
in this case.

3.  The evidence of record shows that the applicant was awarded the Combat
Infantryman Badge on 23 July 1945 for exemplary conduct in action against
the enemy during World War II.  An award of the Combat Infantryman Badge is
considered to be a citation in orders.  Therefore, the applicant is
entitled to award of the Bronze Star Medal for meritorious achievement.

4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 10 March 1943 through 9 March 1946 based on completion of 3
years of continuous enlisted active Federal military service.

5.  The evidence of record shows that while the applicant was assigned to
the
310th Infantry Regiment, the unit participated in two campaigns during his
service in World War II.  Therefore, he is entitled to award of 2 bronze
service stars to be affixed to his European-African-Middle Eastern Campaign
Medal.

6.  The evidence of record shows that the applicant's unit received credit
for the occupation of Germany during the period 2 May 1945 to 31 October
1945.
Therefore, he is entitled to correction of his records to show award of the
Army of Occupation Medal with Germany Clasp.

7.  Records show that the applicant served a total of 16 months and 27 days
outside the continental United States during World War II.  Therefore, he
is entitled to correction of his records to show award of 2 Overseas
Service Bars.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 March 1946, the date of his
discharge.  Therefore, based on the date the Board was established, 2
January 1947, the time for the applicant to file a request for correction
of any error or injustice expired on 1 January 1950.  Although the request
was not submitted within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file for award of the Bronze Star
Medal and Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__CG ___  __TMR__  __PMT__  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 the applicant the Bronze Star Medal for meritorious
achievement on 23 July 1945;

      b.  awarding the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity from 10 March 1943 to 9 March 1946;

      c.  correcting his WD AGO Form 53-55 to delete the European-African-
Middle Eastern Service Medal; and

      d.  correcting his WD AGO Form 53-55 to add the Bronze Star Medal,
Good Conduct Medal, European-African-Middle Eastern Campaign Medal with
2 bronze service stars, Army of Occupation Medal with Germany Clasp, and
2 Overseas Service Bars.

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.




                            ____Curtis Greenway______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004955                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19460316                                |
|DISCHARGE AUTHORITY     |AR 615-365, RR 1-1                      |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0060.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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