RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060007528


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |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 his WD AGO Form 53-55 (Enlisted Record and
Report of Separation Honorable Discharge) be corrected to show award of the
Purple Heart.

2.  The applicant states, in effect, that although he was injured in the
line of duty in November 1944, he was never awarded the Purple Heart.
Also, he states that his injury was overlooked even though he received his
injury in battle.

3.  The applicant provides:

     a.  a copy of a letter from an elected representative, dated 19 May
2006;

     b.  a copy of  a notarized letter from a former Army Nurse Corps
officer, dated 10 March 2006.  Attached to the letter is the former Army
Nurse Corps officer's separation document;

     c.  a copy of his WD AGO Form 53-55 and two WD AGO Forms  
100 (Separation Qualification Record); and

     d.  a copy of his statement, dated 25 October 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on  
6 January 1946, the date of his release from active duty.  The application
submitted in this case is dated 16 March 2006; however, it was received on
 
26 May 2006.

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 records show that he entered active duty on 15 October
1943. He completed the necessary training and was awarded the military
occupational specialty 901 (Munitions Worker).  His WD AGO Form 53-55 shows
that he served in the European Theater of Operation during the period 19
April 1944 to 29 December 1945.

4.  His WD AGO Form 53-55 shows that he was honorably discharged from
active duty on 6 January 1946, due to demobilization.  He had completed  
2 years, 3 months, and 13 days of active service.

5.  In the notarized letter, it was stated that the former Army Nurse Corps
officer observed the applicant as a patient in Bourne Hospital, England, in
November 1944.  The Army Nurse Corps officer states that she knew the
applicant from her home city of Holyoke, Massachusetts.  She observed that
the applicant had neck contusions, an injured back, and a thumb laceration
requiring stitches.  She further states that the applicant told her at that
time that he was injured in Luxemburg by German mortar fire.

6.  In the applicant's statement he says, in effect, that he was stationed
in an outpost in the valley of the Moselle River in Luxemburg where his
platoon's job was to move the anti-tank mines that the Germans had placed
on the road.  He states that two Soldiers failed to follow instructions and
tried to disable the booby trapped mines, and as a result there was a huge
explosion that killed the two Soldiers.  Because of the explosion the
Germans started to fire at them with mortars and rifles.  He was wounded at
that time.

7.  Item 31 (Military Qualification and Date) of the applicant's WD AGO
Form  
53-55 shows the entry Marksmanship Qualification Badge with Rifle Bar and
Combat Infantryman Badge.

8.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form  
53-55 shows he was credited with participation in the Normandy, Northern
France, Rhineland, and Central Europe campaigns.

9.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 
53-55 shows the award of the Good Conduct Medal, Victory Medal, European-
African-Middle Eastern Theater Campaign Ribbon and Bronze Star Medal.
However, it does not show the award of Purple Heart.

10.  Item 34 (Wounds Received in Action) shows the entry "None."


11.  There are no health records available to verify that the applicant
received treatment for his injury.

12.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

13.  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 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.  Therefore, the Bronze Star Medal is to be
awarded to individuals who were authorized either badge for service during
World War II.

14.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his WD AGO 53-55.

15.  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 9 May
1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal
must have been awarded prior to 9 May 1945.

16.  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.

17.  Army Regulation 600-8-22 states, in pertinent part, that the first Oak
Leaf Cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Bronze Star Medal.

18.  Department of the Army Pamphlet 672-1, shows that 330th Infantry
Regiment, 83rd Infantry Division was afforded occupation credit for the
period  
2 May 1945 to 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his WD AGO Form 53-55 be corrected to show
the award of two Purple Hearts.

2.  There is no medical record of the applicant being treated for a
qualifying wound.  As such the case does not meet the regulatory
requirement for award of the Purple Heart.  However, an Army Nurse Corps
Officer from the Bourne Hospital witnessed his wounds, and has verified
that he was treated for his wounds.  Therefore, the preponderance of
evidence shows that the applicant was entitled to the Purple Heart.

3.  Orders show that the 330th Infantry Regiment, 83rd Infantry Division
was awarded the Army of Occupation Medal with Germany Clasp.  Therefore, he
is entitled to correction of his records to show this award.

4.  Records show that the applicant participated in four campaigns during
his service in the European Theater of Operations.  Therefore, he is
eligible for an award of four bronze service stars to be affixed to his
European-African-Middle Eastern Campaign Medal.

5.  Based on the award of the Combat Infantryman Badge, the applicant is
entitled to the award of the Bronze Star Medal with Oak Leaf Cluster.

6.  Records show the applicant should have discovered the error or
injustice now under consideration on 6 January 1946, the date of his
released from active duty. The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on  
1 January 1950.  Although the applicant did not file within the ABCMR’s
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there are no time limitations on requests for award of
the Purple Heart.




BOARD VOTE:

____mjf__  ___el ___  ___jns__  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 to show award of the Purple Heart, the
Bronze Star Medal with Oak Leaf Cluster, the Army of Occupation Medal with
Germany Clasp, and four bronze service stars to be affixed to his European-
African-Middle Eastern Campaign Medal.




                            _________John N. Slone_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007528                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061014                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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