RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      5 June 2007
      DOCKET NUMBER:  AR20060014180


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Joe R. Schroder               |     |Member               |
|     |Mr. Chester A. Damian             |     |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, the spouse of a former service member (FSM), requests,
in effect, that his records be corrected to show he received wounds in
action during World War II, that he be awarded the Purple Heart and the
Medal of Honor, and that his place of birth be corrected.

2.  The applicant states, in effect, that:

      a.  the FSM's place of birth recorded on his WD AGO Form 53-55,
Enlisted Record and Report of Separation – Honorable Discharge, is
incorrect.  He was born in Barnesboro, Pennsylvania, and not in Barnstow,
as currently shown.


      b.  the FSM was wounded in Belgium in 1944, during the Battle of the
Bulge, when he received shrapnel to his right arm and to his left leg.


      c.  allegedly, while at a reunion of the 825th Tank Destroyer
Battalion in October 1987, a retired Sergeant V***** L*** told a story
that took place at the Battle of the Bulge.  He received word that a large
group of Soldiers under attack were running out of ammunition.  He asked
for a volunteer to drive a loaded ammunition truck to the Soldiers.  Many
of the men under L****'s command were husbands and fathers and no one
wanted any part of the suicide mission.  The FSM, the only volunteer,
drove the ammunition truck thorough battle to save many American lives.
Sergeant L*** felt the FSM deserved the Medal of Honor for his bravery and
was surprised to find that the FSM had not been recommended for it.  They
contacted Sergeant L*** and requested he send a written copy of this story
but he was in poor health and sadly, he passed away.

3.  In a second request to the Board, the applicant requests that the FSM's
years of service, shown in Item 37 (Total Length of Service), of the WD AGO
Form 53-55, be corrected to show 1 year and 5 months and that he be paid
foreign service pay because she states, he was never compensated for
284 consecutive battle days.

4.  In support of her applications, the applicant submitted, in three
submissions, addendums to the DD Form 149s, Application for Correction of
Military Record; a copy of the FSM's WD AGO Form 53-55; a copy of the FSM's
birth certificate; a copy of an application for pension or compensation,
which was submitted to the Department of Veterans Affairs (VA), on 4 March
1946; a copy of a page
extracted from the FSM's WD AGO Form 24, Service Record; a copy of a page
she identified as having been extracted from "Highways, 'A History of the
825th Tank Destroyer Battalion,'" published at Wiesbaden, Germany; six
photographs of legs purported to be those of the FSM showing bruises/scars
he allegedly received from the shrapnel wounds; a copy of their certificate
of marriage; and a copy of the FSM's death certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 7 December 1945, the date the FSM was
discharged from active duty.  The application submitted in this case is
dated 3 October 2006.

2.  The FSM's military records were partially damaged by fire in the
National Personnel Records Center fire of 1973; however, the available
documents are sufficiently legible to enable a response to the applicant's
request for correction of her late husband's records.  Information herein
was obtained from the FSM's enlisted record and report of separation and
from other official Army sources.

3.  The evidence shows the FSM enlisted in the Army of the United States
on 29 September 1942 and entered service at Bridgeport, Connecticut, on
the same date.  The FSM served in the military occupational specialty
(MOS) 014 (Automotive Mechanic) while on active duty.  He was honorably
discharged, for the convenience of the Government, at demobilization, in
the grade of Technician Fifth Grade on 7 December 1945.

4.  The FSM served in the 825th Tank Destroying Battalion from 2 October
1942 until 10 October 1945 when he was reassigned to the 703rd Tank
Destroying Battalion.  On 1 November 1945 he was assigned to Company A,
17th Armored Infantry Battalion, for the purpose of returning to the United
States for discharge.

5.  Item 11 (Place of Birth), of the FSM's WD AGO Form 53-55, shows he was
born in "Barnstow PA."

6.  Item 32 (Battles and Campaigns), of the FSM's WD AGO Form 53-55, shows
that he was given credit for participating in the Northern France, Central
Europe, Ardennes, and the Rhineland campaigns of World War II.
7.  The FSM's WD AGO Form 53-55 shows, in Item 33 (Decorations and
Citations), that he was awarded the European-African-Middle Eastern Theater
Campaign Ribbon; the American Theater Campaign Ribbon; the World War II
Victory Medal.  The Medal of Honor and the Purple Heart are not shown.

8.  The applicant's request for award of the Medal of Honor to the FSM is
outside the statute of limitations on approval of award recommendations
for actions during World War II.  However, the applicant's request for
this award can be considered under the provisions of Title 10, United
States Code, Section 1130, which governs consideration of awards not
submitted within time limits established by law.  The applicant must
exhaust this remedy.  The applicant has been notified of appropriate
procedures to follow by separate correspondence; therefore, this award
will not be discussed further in these proceedings.

9.  The FSM's WD AGO Form 53-55 shows entitlement to the European-African-
Middle Eastern Theater Campaign Ribbon [now known as the European-African-
Middle Eastern Theater Campaign Medal]; however, it does not show the
bronze service stars to which he is entitled for his campaign
participation.

10.  Item 34 (Wounds Received in Action), of the FSM's WD AGO Form 53-55,
shows the entry, "None."

11.  Item 36 (Service Outside Continental U.S. and Return), of the FSM's WD
AGO Form 53-55, shows he departed the United States on 30 May 1944 and
arrived in the European Theater of Operations (ETO) on 5 June 1944.  The
FSM departed the ETO on 22 November 1945 and arrived in the United States
on 1 December 1945.

12.  Item 37 (Total Length of Service), of the FSM's WD AGO Form 53-55,
shows he had 1 year and 8 months continental service and 1 year, 6 months,
and 2 days foreign service.

13.  The applicant submitted a copy of a page that appears to have been
extracted from the FSM's service record.  On the page captioned, "Changes
Affecting Pay Status," appears an entry that states, "Due Foreign Serv Pay
Fr 5/30/44."

14.  Items 43 (Longevity for Pay Purposes) through 47 (Total Amount.  Name
of Disbursing Officer), of the FSM's WD AGO Form 53-55, shows a summary of
payment made to the FSM on the day he was discharged.  The entry "VOU"
and "DEC 45" appear in the space of this item.  Annotated above the entry
is what appears to be a handwritten pencil entry made at the time of the
FSM's discharge, "22869."  This number is the Voucher Number shown on the
War Department Form 372 A (Final Payment Worksheet), in the FSM's military
personnel records, which the FSM signed signifying he received a check
numbered 180054, in the amount of $128.31, and cash in the amount of
$50.00 on the day of his discharge.  Included in the final payment were
monies due the FSM for unpaid foreign service pay, travel pay, and
mustering out pay, less his allotments.

15.  Three pages in the FSM's WD AGO Form 24, Service Record, show a
history of all monthly payments made to the FSM while he was on active duty
beginning in October 1942 and culminating in December 1945.  There is no
evidence the FSM was not paid any money, including foreign service pay,
that was due and payable to him.

16.  There are no orders in the available military service records of the
FSM showing he was awarded the Purple Heart.

17.  The FSM authenticated the WD AGO Form 53-55 in his own hand and
affixed his thumbprint in the appropriate space on the date of his
discharge from the Army, attesting that the information recorded on the
form was, to the best of his knowledge, accurate and complete.

18.  A partially burned copy of a notarized affidavit on file in the FSM's
military personnel records, signed on 23 September 1942, by the FSM's
parents giving their consent for his enlistment in the Army, shows he was
born on 23 August 1924, at Barnesboro, Pennsylvania.

19.  A partially burned WD AGO Form 22, Enlistment Record, on file in the
FSM's military personnel records, shows he was born on 23 August 1924, at
Barnesboro, Pennsylvania.

20.  A partially burned page extracted from the FSM's, Service Record,
shows he was born on 23 August 1924, at Barnesboro, Pennsylvania.

21.  The Certification of Birth issued by the Commonwealth of
Pennsylvania, on 12 March 1976, the applicant submitted in support of her
application for correction of the FSM's place of birth shows he was born
in Barnesboro, Pennsylvania.

22.  The evidence shows that on 4 March 1946, the FSM made application for
pension or compensation resulting from service in the active military or
naval forces of the United States.  In this application, he stated he
received treatment to the right arm for shrapnel wound, in Belgium in 1944,
at the dispensary, one time.  The entry, "left leg shrapnel wounds – see
pictures" was annotated at the time of submission of this application to
the Board, at the lower margin of the copy of the application for pension
or compensation.

23.  A memorandum of a reply that was sent to the FSM, on 6 May 1946, about
his claim for pension or compensation states, "An incomplete report was
furnished the agency.  When records containing the following information
are received, bring records with this card to Unit Supervisor.  shrapnel,
rt arm"

24.  A copy of the FSM's separation physical examination is not available
for the Board's review.  A copy of the FSM's separation physical
examination was not provided by the applicant, if available.

25.  Army Regulation (AR) 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.

26.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the European-African-Middle
Eastern Campaign Medal.

27.  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.

28.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows the FSM's unit, the 825th Tank
Destroyer Battalion, was awarded credit for the occupation of Germany, for
the period from 2 May through 31 October 1945, a the time he was a member
of the unit.
DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
provided to verify that the wound was received as a result of enemy action,
the wound must have required treatment, and the medical treatment must have
been made a matter of official record.

2.  There is insufficient evidence in the available record to show the FSM
sustained wounds to his right arm or to his left leg as a result of enemy
action while he served in World War II.  There is no evidence he received
treatment for these wounds and the treatment was made a matter of official
record.  A copy of the FSM's separation physical examination is not
available for the Board's review.

3.  There is evidence the FSM submitted a claim to the VA for pension or
compensation; however, from additional available evidence, it appears he
was asked to provide proof of injury to his right arm to the VA and he did
not follow through by providing the requested information.

4.  There is no evidence in the FSM's military personnel records that
orders were ever published awarding him the Purple Heart.  Item 33 of the
FSM's WD AGO Form 53-55, shows the entry, "None," and the FSM
authenticated the WD AGO Form 53-55 in his own hand and affixed his
thumbprint in the appropriate space, on the day of his discharge from the
Army, attesting that the information recorded on the form was, to the best
of his knowledge, accurate and complete.  Based on the evidence, the FSM
is therefore not entitled to award of the Purple Heart and to have it
added to his WD AGO Form 53-55.

5.  There is sufficient evidence that an administrative error occurred at
the time the FSM's WD AGO Form 53-55 was prepared.  The evidence supports
the applicant's contention the FSM was born in Barnesboro, Pennsylvania,
and not Barnstow, Pennsylvania, as recorded as his place of birth on his WD
AGO Form 53-55.  The FSM is therefore entitled to a correction of his
records to show his correct place of birth.

6.  The FSM served in the Army of the United States from 29 September
1942 through 7 December 1945 for total active duty service credit of 3
years, 2 months, and 9 days.  He was absent from the United States and
therefore credited with foreign service from 30 May 1944 through 1 December
1945, inclusive.  He was correctly credited with 1 year, 6 months, and 2
days foreign
service.  Subtracting his foreign service credit from his total active duty
service credit leaves a remainder of 1 year, 8 months and 7 days
continental service.  The FSM is therefore entitled to a correction of his
WD AGO Form 53-55 to show the correct amount of his continental service
time.

7.  There is ample evidence in the FSM's military personnel records to show
he was paid all his entitlements to basic and foreign service pay
throughout his Army service.  The applicant provided insufficient evidence
to support her allegation the FSM did not receive foreign service pay.

8.  The page captioned, "Changes Affecting Pay Status," the applicant
submitted, is undated but refers to foreign service pay that had not been
paid from 5/30/44 to an unknown date.  The three pages in the FSM's WD
AGO Form 24, Service Record, show a history of all monthly payments made
to him from his entry on active duty through his discharge date in
December 1945.  There is insufficient evidence the FSM was not paid any
foreign service pay due and payable to him.  The Final Payment Worksheet
in the FSM's military personnel records, which he signed signifying he
received a check, in the amount of $128.31, and cash in the amount of
$50.00, on the day he was discharged, which included unpaid foreign
service pay, travel pay, and mustering out pay, less his allotments,
shows he was paid foreign service pay due and payable to him.  Based on
the available evidence, and in the absence of more compelling evidence to
the contrary, the FSM is not entitled to any additional foreign service
pay.

9.  The FSM served with a unit at the time it was awarded credit for the
occupation of Germany.  He is therefore eligible for award of the Army of
Occupation Medal, with Germany Clasp, and to have it added to his WD AGO
Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LDS_  __JRS __  __CD____  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 individual
concerned be corrected by:

      a.  deleting the European-African-Middle Eastern Theater Campaign
Ribbon from the FSM's WD AGO Form 53-55;

      b.  correcting the FSM's WD AGO Form 53-55 to show he was born in
Barnesboro, Pennsylvania, as opposed to the currently shown Barnstow,
Pennsylvania;

      c.  awarding the FSM the European-African-Middle Eastern Campaign
Medal, with four bronze service stars, to denote his campaign credit and
adding this award to his WD AGO Form 53-55;

      d.  correcting Item 37, of the FSM's WD AGO Form 53-55, to show he
served 1 year, 8 months and 7 days continental service as opposed to the
1 year, 8 months and 0 days currently shown; and

      e.  awarding the FSM the Army of Occupation Medal, with Germany
Clasp, and adding this award to his 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 his record to show he is entitled to additional
foreign service pay.




                                  _____Linda D. Simmons_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060014180                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070605                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |128.0000                                |
|4.                      |128.1400                                |
|5.                      |                                        |
|6.                      |                                        |


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