RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060008528


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland Venable                |     |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, as the daughter of the former service member
(FSM), in effect, that the FSM be awarded the Purple Heart, and that item
34 (Wounds Received in Action), of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation), be corrected to show the entry "injured by an
instrument of war" instead of the entry "None."

2.  The applicant states, in effect, that the FSM was not awarded the
Purple Heart and that item 34, of his WDAGO Form 53-55, is incorrect.  She
also states that item 6, of the FSM's WD AGO Form 53-55, shows, in effect,
the entry Company B, 11th Engineer (Combat) Battalion.  The applicant also
states that in item 5a, of her father's adjusted service rating card it
shows on 6 February 1945, he was blown out of his foxhole by a German 8.8
cm (centimeter) artillery shell; this same card shows, in effect, the
entry, Company A 351st Engineer (General Support) Regiment, as his unit.

3.  The applicant provides a copy of the FSM’s WD AGO Form 53-55 in support
of her request.  The applicant's father, the FSM, has provided a notarized,
signed statement authorizing his daughter to act as his agent in the
correction of his military service record (same as limited power of
attorney).

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 discharge.  The
application submitted in this case is dated 20 February 2006 but was
received for processing on 8 June 2006.

2.  The FSM's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Records available to the Board were
obtained from alternate sources and show that he was inducted and entered
active duty on 21 August 1944, as an utility repairman (121).  He was
assigned to Company B, 11th Engineer (Combat) Battalion.  He served in the
European Theater of Operations (ETO) from 8 January 1945 to 9 March 1946.
He attained the rank of PFC (private first class).  He was honorably
separated on 16 March 1946.





3.  The FSM's WD AGO Form 53-55 shows that he was credited with
participation in two campaigns of World War II.  The FSM was awarded the
American Theater Ribbon, the European-African-Middle Eastern (EAME)
Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and
the Combat Infantryman Badge.  The FSM's discharge document does not show
the Purple Heart as an authorized award

4.  Item 34 (Wounds Received In Action), of the FSM's WD AGO Form 53-55,
which was authenticated in his own hand, shows the entry "None."

5.  There are no orders in the FSM's service personnel records which show
that he was awarded the Purple Heart.  There also is no evidence in the
FSM's records that shows he was wounded or treated for wounds as a result
of hostile action during World War II.  The FSM's medical records are not
available for review.

6.  Although the applicant refers to the FSM's adjusted service rating
card, this document is not available for the Board's review.  It appears it
was inadvertently omitted from the application.

7.  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
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

8.  Army Regulation 600-8-22 shows that while the FSM was serving in the
EAME Theater of Operations he participated in two campaigns.  The
regulation also states that authorized bronze service stars will be worn on
the appropriate service or campaign medal.

9.  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.  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.
DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the FSM's service personnel records which show
that he was awarded the Purple Heart.  There is no evidence to show that he
was wounded or treated for wounds as a result of hostile action during
World War II.  The FSM's medical records are not available for the Board's
review.  Therefore, the applicant is not entitled to award of the Purple
Heart and to have it added to his WD AGO Form 53-55.

2.  The applicant contends that item 34, of the FSM's WD AGO Form 53-55,
should show the entry "injured by an instrument of war" instead of the
entry "None."  However, as indicated above, there is no evidence, and the
applicant has provided none, to show that he received or sustained an
injury by an instrument of war during World War II.

3.  The applicant's allegations about information recorded on his adjusted
service rating card cannot be confirmed nor denied.  It appears the
adjusted service rating card was inadvertently omitted from the
application.  The Board acts upon applications and information that are
properly brought before it.  The ABCMR will decide cases on the evidence of
record.  It is not an investigative agency.

4.  The FSM participated in two campaigns of World War II.  The FSM is
therefore entitled to two bronze service stars to be affixed to the already-
awarded EAME Campaign Medal and to have these service stars added to his WD
AGO Form 53-55.

5.  The evidence shows the FSM was awarded the Combat Infantryman Badge
during World War II.  Based upon the special provisions of the awards
regulation which considers award of the Combat Infantryman Badge a citation
in orders, the FSM is entitled to award of the Bronze Star Medal and to
have this award added to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___J____  ___WDP_  __RSV__  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.  As a result, the Board
recommends that all Department of the Army records of the FSM be corrected
by awarding him two bronze service stars to be affixed to his European-
African-Middle Eastern Campaign Medal and awarding the FSM the Bronze Star
Medal based on award of the Combat Infantryman Badge and adding these
awards to the FSM's WD AGO Form 53-55.

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 to the FSM and its addition to his WD AGO Form 53-
55 and correction of item 34 (Wounds Received in Action), of his WD AGO
Form 53-55.




                                  _____John T. Meixell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008528                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19460316                                |
|DISCHARGE AUTHORITY     |AR 615-362                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY//GRANT                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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