RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060007442


      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:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. John M. Moeller               |     |Member               |

      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 reconsideration of his request for two awards of
the Purple Heart and correction of his discharge document to show that he
served with the 86th Mountain Infantry Regiment, 10th Infantry Division
during World War II; his military occupational specialty (MOS) was combat
infantryman; and that he was wounded twice and awarded the Purple Heart
(1st Oak Leaf Cluster).

2.  The applicant states, in effect, that he served as a combat infantryman
with the 86th Mountain Infantry Regiment, 10th Infantry Division during
World War II.  He also states, in effect, that he was wounded in action
twice as a result of hostile action; sustaining a 9mm gunshot wound to his
right wrist on Mount Belvedere in the Apennine Mountains in Italy, and also
sustaining a severe wound to his forehead over his right eyebrow by falling
debris in a structure hit by enemy mortar fire during a skirmish in
Bologna, Italy.  He further states, in effect, after World War II ended he
returned to a separation center at Camp Campbell, Kentucky, on 13 December
1945, was rushed through the separation process, and errors were made on
his discharge document.  He states, in effect, that he was an infantryman,
but his MOS was recorded as mail clerk on his discharge document.  In
addition, the wounds he sustained in action were not recorded on the
document; consequently, two awards of the Purple Heart were not recorded on
his discharge document.  He also states, in effect, that the document does
not show that he was assigned to the 86th Mountain Infantry Regiment.

3.  The applicant provides a 4-page self-authored document addressed to
Congresswoman S______ B ______, undated; WD AGO Form 53-55 (Enlisted Record
and Report of Separation - Honorable Discharge), with an effective date of
13 December 1945; Army of the United States Honorable Discharge
Certificate, dated 13 December 1945; WD AGO Form 38 (Report of Physical
Examination of Enlisted Personnel Prior to Discharge, Release from Active
Duty or Retirement), dated 4 March 1947; three Las Vegas Veterans
Administration Medical Center, Medical Record, Progress Notes, dated 12 May
2000, 10 August 2000, and 13 October 2005; DA Form 4980-6 (Bronze Star
Medal) Certificate, dated 29 April 1997; a 1-page photographic copy of
eight decorations; and Department of Veterans Affairs, Reno, Nevada,
letter, dated 29 August 2000.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR1999030188 on
6 April 2000.
2.  In the processing of the applicant's request for reconsideration of his
DD Form 149 (Application for Correction of Military Record under the
Provisions of Title 10, U.S. Code, Section 1552), dated 11 August 1999, the
Senior Analyst/Archivist of Congressional and Special Actions, Army Review
Boards Agency, conducted research pertaining to the historical files of the
86th Mountain Infantry Regiment, 10th Infantry Division during World War
II.  On 16 May 2006, information was received revealing that this research
produced evidence which consisted of copies of Headquarters, 86th Mountain
Infantry, General Order Number 4, dated 23 January 1945, and General Order
Number 84, dated 5 July 1945.

3.  Headquarters, 86th Mountain Infantry, General Order Number 4, dated
23 January 1945, shows, in pertinent part, at that time, the applicant was
assigned to Company C, 86th Mountain Infantry (Regiment) and awarded the
Combat Infantryman Badge for satisfactory performance of duty in ground
combat against the enemy.

4.  Headquarters, 86th Mountain Infantry, General Order Number 84, dated
5 July 1945, shows, in pertinent part, at that time, the applicant was
assigned to Headquarters Company, 86th Mountain Infantry (Regiment).  This
order also shows, in pertinent part, that D__ W. F_____ was awarded the
Purple Heart for wounds received in action against the enemy on 24 February
1945 in Italy.  (The Board notes that 2 numerals in the service number
pertaining to D__ W. F_____ are transposed on this order (i.e., ####98##
vice ####89##), but considers this transposition of numbers to be a mere
administrative error and concludes that the order pertains to the
applicant.)

5.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  However, records consisting
essentially of the applicant's WD AGO Form 21 (Enlistment Record), dated 14
December 1945, WD AGO Forms 53-55, dated 13 December 1945 and 14 March
1947;
WD Form Number 371 (Final Payment Roll of the 11th Infantry Regiment),
dated 18 December 1945; WD Form 372A (Final Payment - Work Sheet), dated
14 March 1947; and several WD Form 8-24 (Medical Record Reports) were made
available from the National Personnel Records Center, National Archives and
Records Administration, St. Louis, Missouri, for this review.

6.  The applicant's military service records show that he enlisted in the
Reserve Component of the Army on 23 November 1943 and entered active duty
on
24 January 1944.  On 13 December 1945, he was honorably discharged for the
convenience of the government to enlist in the Regular Army.  On 14
December 1945, the applicant enlisted in the Regular Army for a period of
15 months.  On 14 March 1947, he was honorably discharged, in the grade of
private first class, after completing a total of 3 years, 3 months, and 21
days of service for pay purposes.

7.  The applicant's military service records contain, in pertinent part,
two
WD AGO Form 8-24 (Medical Record Reports), dated 20 October 1945 and
25 October 1945, indicating he was assigned to Headquarters Company,
86th Mountain Infantry (Regiment), 10th Infantry Division.  The WD AGO Form
8-24, dated 20 October 1945, shows, in pertinent part, that the applicant
reported having had headaches for the past 6 months; however, the cause was
unknown. The WD AGO Form 8-24, dated 25 October 1945, shows, in pertinent
part, that the applicant had a history of slight swelling over the right
eye of 6 months duration after being hit by a rock in Italy.

8.  The applicant's military service records contain WD AGO Form 38 (Report
of Physical Examination of Enlisted Personnel Prior to Discharge, Release
from Active Duty or Retirement), dated 12 December 1945.  This document
shows, in pertinent part, that prior to his discharge on 13 December 1945,
the applicant was assigned to Company A, 11th Infantry (Regiment), 5th
Division (Camp Campbell, Kentucky).

9.  The applicant's military service records contain a copy of WD AGO Form
53-55 (Enlisted Record and Report of Separation - Honorable Discharge),
which shows that the applicant was honorably discharged on 13 December
1945.  Item 4 (Arm or Service) of this document contains the entry
"Infantry"; Item 6 (Organization) contains the entry "Company A, 11th
Infantry"; and Item 31 (Military Qualification and Date) of this document
shows that the applicant was awarded the Combat Infantryman Badge.  Item 30
(Military Occupational Specialty and Number) contains the entry "Mail
Clerk".  Item 36 (Service Outside Continental U.S. and Return) shows, in
pertinent part, that the applicant departed the continental United States
(CONUS) on 10 December 1944 and arrived in the European Theater of
Operations (ETO) on 23 December 1944.  This item also shows that the
applicant departed the ETO on 26 July 1945 and arrived in CONUS on 7 August
1945.

10.  The applicant's military service records contain a copy of a WD Form
Number 371 (Final Payment Roll of the 11th Infantry Regiment), dated
18 December 1945, which served to document essential information concerning
the final payment of the unit's Soldiers at the time of their discharge.
This document shows, in pertinent part, that the applicant was assigned to
the
11th Infantry Regiment, Camp Campbell, Kentucky, at the time he was
processed for discharge on 13 December 1945.

11.  In support of his application, the applicant provides a 4-page self-
authored document addressed to Congresswoman S______ B ______, undated, in
which he provides information pertaining to his military service during
World War II, medical treatment provided by the Veterans Administration for
injuries he sustained during his military service, and his efforts to
correct his military service records.  He also provides a copy of his WD
AGO Form 53-55, with an effective date of 13 December 1945 and DA Form 4980-
6, dated 29 April 1997, that, in pertinent part, offer evidence of his
awards and decorations.  He further provides copies of his medical record
progress reports that show, in pertinent part, the applicant's frustration
at not being able to convince the Department of the Army to correct his
military service records to show that he served as a combat infantryman in
the 86th Mountain Infantry Regiment, 10th Infantry Division during World
War II and that he believes he is entitled to two awards of the Purple
Heart.

12.  A review of the applicant's military service records reveals that he
may be entitled to additional awards that are not shown on his discharge
document.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows that at the time
of the applicant's assignment to Headquarters Company, 86th Mountain
Infantry Regiment, the regiment was awarded the Army of Occupation Medal
with Germany clasp.

14.  Army Regulation 600-8-22 (Military Awards) 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.  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.  The applicant's records show that he was issued the Army of
Occupation Medal with Germany clasp on 29 April 1997; however, there is no
evidence that the award was added to the applicant's discharge document.

15.  War Department Circular 269 (1943) established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The Combat Infantryman
Badge was awarded for exemplary conduct in action against the enemy.  War
Department Circular 186 (1944) further provided that the Combat Infantryman
Badge was to be awarded only to infantrymen serving with infantry units of
brigade, regimental or smaller size.  With regard to enlisted Soldiers, the
Military Awards Branch of the U.S. Army Human Resources Command has advised
in similar cases that, during World War II, the Combat Infantryman Badge
was normally awarded only to those enlisted Soldiers who served in the
following positions:  Light Machine Gunner (604); Heavy Machine Gunner
(605), Platoon Sergeant (651), Squad Leader (653), Rifleman (745),
Automatic Rifleman (746), Heavy Weapons Noncommissioned Officer (812), and
Gun Crewman (864).

16.  Army Regulation 600-8-22 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.  The applicant's records show
that he was issued a Bronze Star Medal Certificate for this award on 29
April 1997; however, there is no evidence that the award was added to the
applicant's discharge document.

17.  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.
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
document also states that a Purple Heart is authorized for the first wound
suffered, but for each subsequent award an oak leaf cluster will be awarded
to be worn on the medal or ribbon.  This regulation also provides that
there is no statute of limitations on requests for award of the Purple
Heart.

18.  Technical Manual 12-235, Discharge Procedures and Preparation of
Separation Forms, the regulation then in effect at the time of the
applicant's discharge, provides that item 6 (Organization) of the WD AGO
Form 53-55 will show the last unit or similar element to which the Soldier
was assigned, rather than the element of which he was a part while moving
to a separation activity.  The designation of the organization will be as
shown in the Service Record.  This document also shows that for Item 30
(Military Occupational Specialty and No.) to enter the MOS title and
number, and for Item 34 (Wounds Received in Action) to enter the date and
place.

19.  Army Regulation 15-185 (Army Board for Correction of Military Records
(ABCMR)) provides guidance for processing requests for reconsideration that
are received more than one year after the Board’s original consideration or
after the Board has already reconsidered the case.  In such cases, the
staff of the Board will review the request for reconsideration to determine
if substantial relevant evidence has been submitted that shows fraud,
mistake in law, mathematical miscalculation, manifest error, or if
substantial relevant new evidence has been discovered after the Board’s
original decision.  If the staff finds such evidence, the case will be
submitted for reconsideration by the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he served as a combat
infantryman with the 86th Mountain Infantry Regiment, 10th Infantry
Division during World War II and was wounded in action twice as a result of
hostile action by the enemy.  However, he adds that his discharge document
does not reflect this information and does not document two awards of the
Purple Heart.  Consequently, he contends that his records should be
corrected to properly document the foregoing information and award of the
Purple Heart (1st Oak Leaf Cluster).

2.  The evidence of record shows that the applicant was assigned to the
86th Mountain Infantry Regiment (i.e., Company C and then Headquarters
Company) while serving in the ETO during World War II, when he was awarded
the Combat Infantryman Badge and the Purple Heart, respectively.

3.  The evidence of record shows that War Department Circular 186 (1944)
provided that the Combat Infantryman Badge was to be awarded only to
infantrymen serving with infantry units of brigade, regimental or smaller
size.  The evidence of record clearly shows that the applicant served in
the Infantry
(i.e., Item 4, WD AGO Form 53-55) and that he was awarded the Combat
Infantryman Badge (i.e., Item 31, WD AGO Form 53-55).  In addition, General
Orders awarded the applicant the Combat Infantryman Badge for satisfactory
performance of duty in ground combat against the enemy while assigned to
Company C, 86th Mountain Infantry Regiment.  Therefore, in view of the
foregoing, the applicant is entitled to correction of his discharge
document to show his military occupational specialty as Rifleman (745).

4.  The evidence of record shows that the applicant was awarded the Bronze
Star Medal for meritorious achievement in ground combat against the armed
enemy during World War II in the European Theater of Operations.
Therefore, it was would be appropriate to correct his discharge document to
show this award.

5.  General Orders awarded the applicant the Purple Heart for wounds
received in action against the enemy on 24 February 1945 in Italy while
assigned to Headquarters Company, 86th Mountain Infantry.  Therefore, the
applicant is entitled to correction of his discharge document to show he
was wounded on
24 February 1945 in Italy and awarded the Purple Heart.

6.  There are no orders in the applicant’s military service records or his
unit's historical files which show that he was awarded the Purple Heart for
being wounded in action against the enemy in April 1945.  The evidence of
record does show that the applicant was treated for a condition resulting
from an injury he sustained sometime in April 1945.  However, there is no
substantiating evidence to verify the injury the applicant sustained was
the result of hostile action, that the wound required treatment at the time
it was sustained, and that the medical treatment was made a matter of
official record.  As a result, in the absence of additional official
documentary evidence, there is insufficient evidence upon which to base a
second award of the Purple Heart in this case.  Therefore, the applicant is
not entitled to award of the Purple Heart (1st Oak Leaf Cluster).

7.  The evidence of record shows that the applicant is entitled to award of
the Army of Occupation Medal with Germany clasp.  Therefore, it would be
appropriate to correct his discharge document to show this award.

8.  The evidence of record shows that the applicant redeployed from the ETO
and arrived in CONUS on 7 August 1945.  He was subsequently assigned to
Company A, 11 Infantry (Regiment), 5th Division, Camp Campbell, Kentucky
and remained assigned to that unit through 12 December 1945.  The evidence
of record further shows that the applicant was discharged on 13 December
1945.  Therefore, the unit information appearing in Item 6 (Organization)
of the applicant's WD AGO Form 53-55, dated 13 December 1945, is correctly
recorded and he is not entitled to correction of this item of his discharge
document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KAN _  ___PMS_  __JMM__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AR1999030188,
dated 6 April 2000.  As a result, the Board recommends that all Department
of the Army records of the individual concerned be corrected by correcting
his WD AGO Form 53-55, dated 13 December 1945, as follows:

      a.  Item 30.     Military Occupational Specialty and No.
                 Delete:  "Mail Clerk"
                 Add:     "Rifleman  (745)"

      b.  Item 33.     Decorations and Citations
                 Add:     "Bronze Star Medal, Purple Heart, and
                           Army of Occupation Medal with Germany Clasp"

      c.  Item 34.     Wounds Received In Action
                 Delete:  "None"
                 Add:     "24 February 1945  Italy"

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
a second award of the Purple Heart and the organization shown in Item 6 of
his WD AGO Form 53-55, dated 13 December 1945.

3.  Although the Board recommends no change to Item 6 of the applicant's
WD AGO Form 53-55, the applicant is advised that his military service
records do, in fact, document that he was assigned and served with the 86th
Mountain Infantry Regiment, 10th Infantry Division in the European Theater
of Operations during World War II.  This evidence is in the form of the two
General Orders awarding the applicant the Combat Infantryman Badge and the
Purple Heart.  As such, the Board advises the applicant that, at his
discretion, this ABCMR Record of Proceedings may be used, along with the
two (enclosed) General Orders, to provide evidence of his affiliation with
the unit during World War II.




                                           Kathleen A. Newman___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060007442                           |
|SUFFIX                  |                                        |
|RECON                   |200612DD                                |
|DATE BOARDED            |2006/12/19                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451213                                |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |Convenience of the Government           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |110.0000.0000                           |
|3.                      |110.0400.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]