RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060012162


	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.


	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 with Oak Leaf Cluster for being wounded on two separate occasions.

2.  The applicant states he spent a week in a combat hospital for treatment of eye wounds.

3.  The applicant provides:

	a.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

	b.  A copy of General Orders Number 4, Headquarters, 102nd Infantry Division, dated 6 January 1945 awarding him the Bronze Star Medal for Valor.

	c.  A self-authored statement of his wartime experiences with Company C, 407th Infantry Regiment, 102nd Infantry Division.

	d.  An article written by the son of a medic assigned to Company C, 407th Infantry Regiment.

	e.  NA Form 13055 (Request for Information).

	f.  A copy of Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement.

	g.  NA Form 13075 (Questionnaire About Military Service)

	h.  A document entitled "President's Message."

	i.  A document entitled "My Roer River Crossing."

	j.  A letter from the Disabled American Veterans, dated 27 May 2005.

	k.  A letter from Congressman Porter Goss, dated 22 June 2004.

	l.  A letter from the Chief, Military Awards Branch, US Army Human Resources Command, Alexandria, VA to Congressman Porter Goss, dated 10 June 2004.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 February 1946.  The application submitted in this case is dated 17 August 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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  The applicant is a World War II veteran who was inducted into the Army of the United States on 13 January 1943 and entered active service on 20 January 1943.  In his self-authored statement, he relates:

	a.  He was inducted at Fort Thomas Army Post, Fort Thomas, KY and then transferred to Camp Haan, Riverside, CA, an anti-aircraft training base for Anti-Aircraft Artillery (AAA) training.

	b.  He was then selected to participate in the Army Specialized Training Program (ASTP) and sent to Purdue University (IN).  [NOTE:  The ASTP was established by the Army in December 1942 to identify, train and educate academically-talented enlisted men as a specialized corps of Army officers during World War II.  Utilizing major colleges and universities across the country, the Army provided a four-year college education, combined with specialized Army technical training over a period of one and one-half years, to those enlisted men who were accepted into the program.  ASTP Soldiers were to serve as Army officers in both the successful prosecution of the war and the restoration of civilian governments in Nazi-occupied Europe after the war's end.  But due to the 
impending invasion of Normandy and the dire need for additional manpower in its 
ground forces in Europe, the Army disbanded the program in early 1944.  Most of the ASTP Soldiers were then assigned to the infantry, where they fought in the European and Pacific Theaters of Operation.]

	c.  When the ASTP was disbanded, he was transferred to Camp Swift, Bastrop, TX  and assigned to the 102nd Infantry Division.  There he underwent infantry training.

	d.  He embarked for the European Theater of Operations (ETO) as part of the 102nd Infantry Division on 12 September 1944, arriving in the ETO on 24 September 1944.

	e.  He was a member of the Machine Gun Section, Weapons Platoon, Company C, 407th Infantry Regiment and also a company runner assigned to the Company Headquarters.

5.  The few remaining records from the applicant's service show he was a member of the Infantry Branch assigned to Company C, 407th Infantry Regiment, 102nd Infantry Division; that he fought in the Rhineland and Central Europe Campaigns; that he was awarded the Bronze Star Medal for heroic achievement (valor); the Good Conduct Medal; the American Theater Service Medal; the European-African-Middle Eastern Theater Service Medal with 2 Bronze Service Stars; the World War II Victory Medal; the Expert Marksmanship Qualification Badge with the M-1 Rifle, Carbine, .30 Caliber Machine Gun, and Browning Automatic Rifle; the Expert Infantryman Badge, and the Combat Infantryman Badge.

6.  The applicant's WD AGO Form 53-55, in Block 34 (Wounds Received in Action), states, "NONE."  The applicant signed that document attesting to its accuracy.

7.  A review of hospital admission cards created by the Office of The Surgeon General of the Army for the period 1942-1945 do not show any admissions for wounds.  In March 1944 in Indiana, the applicant was treated 1 day for bronchitis; in April 1944 at Camp Swift, he was treated 14 days for acute nasopharyngitis and otitis media; and in January 1945 in the ETO, he was treated 9 days for conjunctivitis.  There are no other entries.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was 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.

	b.  The Bronze Star Medal (BSM) 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.

	c.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and is authorized in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

9.  Department of the Army Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This document shows the unit to which the applicant was assigned was cited for award of the Army of Occupation Medal with Germany Clasp for the period 2 May 1945 to 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the applicant's complete service records no longer exist.  Those records available to the Board fail to establish his entitlement to award of the Purple Heart with Oak Leaf Cluster.

2.  Orders published by Headquarters, 102nd Infantry Division awarded the applicant the Bronze Star Medal for heroic achievement.  This award should be awarded with a "V" device.  Since he also was awarded the Combat Infantryman 
Badge, he is entitled to a second award of the Bronze Star Medal for meritorious service.  Thus, he is entitled to a Bronze Star Medal with “V” Device and Oak Leaf Cluster

3.  The applicant's unit is cited in DA PAM 672-1 for award of the Army of Occupation Medal with Germany Clasp.  This award should be added to the applicant's record.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 February 1946, the date of his separation from active duty.  The ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 31 December 1953.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jea___  __swf___  __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 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 to him the Army of Occupation Medal with Germany Clasp;

	b.  deleting the Bronze Star Medal; and

	c.  adding the Bronze Star Medal with V Device and Oak Leaf Cluster and the Army of Occupation Medal with Germany Clasp.

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 the Purple Heart with Oak Leaf Cluster.



						James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060012162
SUFFIX

RECON

DATE BOARDED
20070306
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.