RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 March 2007
      DOCKET NUMBER:  AR20060011087


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, that his record be corrected to show
he received two awards of the Purple Heart (PH); that the general orders
(GO) awarding him the PH, dated 12 January 1945, be corrected to reflect
the correct spelling of his last name and to show the date he was wounded
in action (WIA) as 3 January 1945; and that the GO awarding him the PH,
dated 28 January 1948 be corrected to reflect the correct unit and service
number.

2.  The applicant states, in effect, that he never received the second
award of the PH and it was never added to his separation document (WD AGO
Form 53-55).  He also states that the GO awarding him the PH, dated 12
January 1945, used the date he was evacuated, 4 January 1945, instead of
the date he was actually WIA, 3 January 1945, which is the date he received
both wounds that authorized the two awards of the PH.  He also states that
the service number and unit listed on the 28 January 1945 GO awarding him
the PH were incorrect.

3.  The applicant provides the following documents in support of his
application:  Records of Award of the PH (WD AGO Forms 0707), dated 12 and
28 January 1945, respectively; Headquarters, 1-9th Evacuation Hospital GO
Number 12, dated 12 January 1945; Headquarters, 67th General Hospital GO
10, dated
28 January 1945; and Separation Document (WD AGO Form 53-55), dated
11 December 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 January 1970, the date of his retirement.  The
application submitted in this case is dated 20 July 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 record shows that he was released from active duty
(REFRAD) for the purpose of retirement on 31 January 1970.  The separation
document (DD Form 214) he was issued at the time shows he held the rank of
specialist seven (SP7)/pay grade E-7 and that he completed a total of 20
years,
1 month, and 22 days of active military service.

4.  The applicant's record also confirms that he was inducted into the Army
and entered active duty on 27 September 1943, and that he continuously
served for
2 years, 2 months, and 15 days until being honorably separated on 11
December 1945.  His record also shows that during World War II, he served
in the European Theater of Operations (ETO) from 21 May 1944 through 25
October 1945, and that he participated in the Normandy, Central Europe,
Ardennes, and Rhineland campaigns.  Item 6 (Organization) shows he served
in Battery C, 81st Airborne Anti-Armor Battalion, 101st Airborne Division,
and Item 31 (Military Qualifications) shows he held the Parachutist Badge
and Glider Badge.

5.  Item 32 (Decorations and Citations) of the applicant's WD AGO Form 53-
55 shows he earned the following award during his World War II active duty
service: PH (GO 10, 67th General Hospital), dated 27 March 1945) (sic);
Bronze Star Medal (BSM); Army Good Conduct Medal (AGCM); World War II
Victory Medal; European-African-Middle Eastern (EAME) Campaign Medal with 4
bronze service star and bronze arrowhead; Distinguished Unit Badge; and
Croix De Guerre.  Item 34 (Wounds Received in Action) contains an entry
indicating he was WIA in Belgium on 3 January 1945.

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains
WD AGO Forms 0707, dated 12 and 28 January 1945, respectively.  These
documents confirm the applicant was awarded the PH for being WIA in the ETO
on 3 January 1945 and on 4 January 1945.  They also show that the PH for
the wound received on 3 January 1945 was awarded in 67th General Hospital
GO Number 10, dated 28 January 1945, and the PH for the wound he received
on
4 January 1945 was awarded in 109th Evacuation Hospital GO 12, dated
12 January 1945.

7.  The applicant's Service Record (WD Form 24), which documents his active
duty service from 27 September 1943 through 11 December 1945, confirms his
service number contains the number 3 in the sixth digit and that his last
name is spelled with the letter "E" in the second and seventh characters
and the letter “I” in the fourth character.  It also contains an entry
confirming award of the PH in 67th General Hospital GO 10, dated 28 January
1945.

8.  The applicant's Enlisted Qualification Record (DA Form 20), which was
prepared on 28 April 1969 and last audited by the applicant on 11 August
1969, shows that in addition to his service in the ETO during World War II,
he also completed overseas tours in Alaska, Formosa, Panama, and the
Republic of Vietnam (RVN), where he served from 19 January 1959 through 18
June 1962.  Item 40 (Wounds) contains an entry that shows he was wounded in
action in the lower left leg on 3 January 1945, and Item 41 shows he
received only one award of the PH.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-8 contains the regulatory guidance pertaining to
awarding the PH.  It states, in pertinent part, that in order to award a PH
there must be evidence that a member was wounded or injured as a result of
enemy action, that the wound required treatment by military medical
personnel, and a record of this treatment must have been made a matter of
official record.  The regulation also stipulates that an Oak Leaf Cluster
will be awarded to denote second and subsequent awards of the PH.

10.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member is credited with participating in.  Table B-1 contains a
list of RVN campaigns.  It shows that during the applicant's tenure of
assignment in the RVN, campaign credit was granted for the Vietnam Advisory
Campaign.

11.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to two awards of the PH was
carefully considered and found to have merit.  His record includes WD AGO
Forms 0707, dated 12 and 28 January 1945, respectively.  These documents
confirm he was awarded the PH for being WIA in the ETO on 3 January 1945
and on 4 January 1945.  They also show that the PH for the wound he
received on 3 January 1945 was awarded in 67th General Hospital GO Number
10, dated 28 January 1945, and the PH for the wound he received on 4
January 1945 was awarded in
109th Evacuation Hospital GO 12, dated 12 January 1945.  Therefore, it
would be appropriate to correct his record to show he earned the PH 1st Oak
Leaf Cluster, to denote these two separate awards of the PH.


2.  The applicant's contention that his name and service number are
incorrectly listed in GO Number 10, issued by the 67th General Hospital,
dated 28 January 1945, was also carefully considered and found to have
merit.  The applicant's record confirms his last name contains the letter
"E" in the second and seventh characters, instead of the letter “O” that is
currently listed in these orders.  The record also confirms the sixth digit
of the applicant's service number was "3" and not “2” as is currently
listed in these orders.  Therefore, it would be appropriate to correct the
spelling of his last name and the service number on the GO in question
accordingly.

3.  The applicant's contention that the wound for which he received the PH
awarded in 109th Evacuation Hospital GO Number 12, dated 12 January 1945,
was received on 4 January 1945 is confirmed by an entry on these orders.
As a result, it would also be appropriate to correct his record
accordingly.

4.  The applicant’s name is also incorrectly listed in GO Number 12, issued
by the 109th Evacuation Hospital, dated 12 January 1945.  The applicant’s
record confirms his last name contains the letter “E” in the second
character and the letter “I” in the fourth character, instead of the letter
“A” and the letter “Y” that is currently listed in these orders.
Therefore, it would be appropriate to correct the spelling of his last name
on the GO in question accordingly.

5.  The evidence of record also confirms that based on his RVN service and
campaign participation, he is entitled to RVN Gallantry Cross with Palm
Unit Citation and 1 bronze service star with his VSM.  Therefore, these
awards should be added to his record at this time.

BOARD VOTE:

___WFC_  __EEM__  __RMN__  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.  amending Item 33 of his 11 December 1945 WD AGO Form 53-55 by
deleting the current portion of the entry related to the Purple Heart and
replacing it with the entry "Purple Heart 1st Oak Leaf Cluster (GO 10 67th
General Hospital
28 January 1945 and GO 12 109th General Hospital 12 January 1945)", which
denotes two awards of the Purple Heart;

      b.  amending Item 34 of the 11 December 1945 WD AGO Form 53-55 by
deleting the current entry and replacing it with the entry "Wounded in
Action In Belgium on 3 January 1945 and on 4 January 1945";

      c.  correcting the name and service number listed on 67th General
Hospital General Order Number 10, dated 28 January 1945, by showing the
second and seventh letter of his last name is the letter "E" and not the
letter “O” as is currently listed, and that the sixth digit of his service
number is "3" and not “2” as is currently listed;

      d.  correcting the name listed on 109th Evacuation Hospital General
Order Number 12, dated 12 January 1945, by showing the second letter of his
last name as the letter “E” and not the letter “A” and the fourth letter as
the letter “I” and not the letter “Y” as is currently listed;

      e.  showing he is entitled to the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and 1 bronze service star with his Vietnam Service
Medal; and

      f.  issuing him corrections to his 11 December 1945 WD AGO Form 53-55
and his 31 January 1971 DD Form 214 that reflects these changes.




                            _____William F. Crain_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011087                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/01/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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