RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 April 2007
      DOCKET NUMBER:  AR20060014720


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Ernestine R. Fields           |     |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, award of the 2nd Oak Leaf Cluster
(3rd Award) of the Purple Heart (PH).

2.  The applicant states, in effect, he was wounded in action during the
action that took place on 2 January 1945, for which he was awarded the
Silver Star (SS).

3.  The applicant provides a copy of Headquarters, 101st Airborne Division
General Orders (GO) Number (#) 40, dated 10 April 1945, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 December 1949, the date of his release from active duty
(REFRAD) for retirement.  The application submitted in this case was
received on 17 October 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 record shows he initially enlisted in the Army
and entered active duty in an enlisted status on 22 December 1939.  On 12
March 1943, he was appointed a second lieutenant and entered active duty in
that status.

4.  The applicant's Officer Qualification Record (WD AGO Form 66) shows he
served in the European Theater of Operations (ETO) from 12 October 1944
through 3 January 1946 and from 3 June 1946 through 3 June 1950.  It also
shows that he participated in the Rhineland, Ardennes-Alsace, and Central
Europe campaigns of World War II.  Item 28 (Chronological Record of
Military Service) shows that while serving in the ETO during the period 30
October 1944 19 November 1945, he was assigned to the 502nd Parachute
Infantry Regiment, performing duties in military occupational specialty
(MOS) 1510 as a platoon leader and demolitions officer.  It also shows that
during the period 7 February through 6 March 1945, he was hospitalized.

5.  Item 41 (Awards, Decorations, and Citations) of the applicant's WD AGO
Form 66 shows that he earned the SS, which was authorized in GO # 40 issued
in 1945; the PH, which was authorized in GO # 11 in February 1945; and the
1st Oak Leaf Cluster (2nd Award) of the PH in GO # 195 issued in September
1945.

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, 101st Airborne Division GO # 40, dated 10 April 1945.
 This order awarded the applicant the SS for his gallantry in action
against the enemy in Longchamps, Belgium, on 2 January 1945.  The citation
contains the statement "Although wounded by enemy shell fragments, he
continued his work."

7.  The applicant's MPRJ also contains 2nd Convalescent Hospital GO # 11,
dated 12 February 1945, which awarded the applicant the PH for being
wounded in action in the ETO on 16 January 1945.  It also contains
Headquarters, 101st Airborne Division GO # 195, dated 10 September 1945,
which awarded him the PH with 1st Oak Leaf Cluster (2nd Award) for being
wounded in action in the ETO on 6 January 1945.

8.  The applicant's MPRJ also contains a War Department (WD) Battle
Casualty Report (WD AGO Form 0365), dated 17 February 1945, which confirms
the applicant was lightly wounded in action in France on 5 February 1945.
It also contains a Western Union Telegram, which notified the applicant's
brother of this wounding.

9.  The applicant's record also contains an Office of the Surgeon General
(OTSG) Hospital Admission Record that shows the applicant was admitted to a
medical treatment facility in the ETO on 5 February 1945, and that he was
treated for a combat-related penetrating wound to his fingers he received
from artillery shell fragments.  The report confirms the applicant was
categorized as a battle casualty.

10.  On 31 August 1954, the applicant was honorably REFRAD after completing
14 years, 8 months, and 10 days of active military service.  The separation
document he was issued at this time shows, in Item 27 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized), that he earned the following awards:  SS; PH with Oak Leaf
Cluster (2nd Award); Combat Infantryman Badge (CIB); Belgium Forragere;
Dutch Orange Lanyard; Army of Occupation Medal (AOM) with Germany Clasp;
American Theater Ribbon; American Defense Medal; World War II Victory
Medal; Bronze Star Medal (BSM); Parachutist Badge; and National Defense
Service Medal.  Item 29 (Wounds Received as a Result of Action with Enemy
Forces) contains the entry "Small Fragment Wound, Head and Hand-January
1945, Belgium).
11.  On 1 September 1954, the applicant reentered active duty in an
enlisted status and served until 31 December 1959, at which time he was
honorably REFRAD for the purpose of retirement as a commissioned officer in
the rank of Major.  The DD Form 214 he was issued shows he completed a
total of 20 years and 11 days of active military service, and that he
earned the Expert Marksmanship Qualification Badge with Carbine Bar.

12.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-8 contains guidance on awarding the PH and it states,
in pertinent part, that it is authorized to members who are wounded or
killed in action.  A wound is defined as an injury to any part of the body
from an outside force or agent.  It further stipulates that in order to
support award of the PH, the wound for which the award is being made must
have required treatment by medical personnel and records of medical
treatment for wounds or injuries received in action must have been made a
matter of official record.  The regulation stipulates that an Oak Leaf
Cluster will be issued to denote the second and subsequent awards of the
PH.

13.  Paragraph 5-13 of the awards regulation contains guidance on the
European-African-Middle Eastern Campaign Medal.  It states that it is
awarded for service within the European-African-Middle Eastern Theater
between
7 December 1941 and 8 November 1945, and that one bronze service star is
authorized for each campaign a member participated while serving in the
ETO.

14.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit (502nd Parachute
Infantry Regiment) received the Distinguished Unit Citation (now known as
the Presidential Unit Citation) and was credited with participating in the
Ardennes-Alsace, Central Europe, and Rhineland campaigns.  It also shows
the unit received occupation of Germany credit for the period 30 May
through 3 June 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to additional awards of
the PH was carefully considered and found to have merit.  The evidence of
record confirms the applicant was wounded in action on four separate
occasions while serving in the ETO, and that he was only awarded PHs for
two of these incidents.
2.  On 2 January 1945, while engaged in a combat action in the vicinity of
Longchamps, Belgium, the applicant received shell fragment wounds from
enemy shell fire, as evidence by the citation contained in 101st Airborne
Division GO # 40, dated 10 April 1943, which awarded him the SS.  He was
also wounded in action in the ETO on 6 January 1945, as evidenced by 101st
Airborne Division GO # 195, dated 10 September 1945, which awarded him the
PH 1st Oak Leaf Cluster (2nd Award); and on 16 January 1945, as evidenced
by 2nd Convalescent Hospital GO # 11, dated 12 February 1945, which awarded
him the PH.  In addition, he was wounded in action in France on 5 February
1945, as evidenced by a WD Battle Casualty Report and Western Union
Notification Telegram, dated 18 February 1945.

3.  Given the applicant was wounded in action in the ETO on four separate
occasions between 2 January and 5 February 1945, he is entitled to the PH
with 3rd Oak Leaf Cluster (4th Award) to denote four awards of the PH.
Therefore, it would be appropriate to correct his record and Items 27 and
29 of his separation document accordingly.

4.  The evidence also confirms that based on his service and campaign
participation in the ETO, he is also entitled to the European-African-
Middle Eastern Campaign Medal with 3 bronze service stars and the
Presidential Unit Citation, which were not included on his separation
documents.  Therefore, it would also be appropriate to add these awards to
his record and separation document at this time.

BOARD VOTE:

__KLW__  __LMD__  __ERF __  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.  awarding him the Purple Heart with 2nd Oak Leaf Cluster for being
wounded in action in Belgium on 2 January 1945 and the Purple Heart with
3rd Oak Leaf Cluster for being wounded in action in France on 5 February
1945;

      b.  showing his entitlement to the European-African-Middle Eastern
Campaign Medal with 3 bronze service stars;

      c.  amending Item 27 of his 31 August 1954 DD Form 214 by deleting
the Purple Heart portion of the entry and replacing it with "Purple Heart
with 3rd Oak Leaf Cluster (4th Award)", and by adding the European-African-
Middle Eastern Campaign Medal with 3 bronze service stars and the
Presidential Unit Citation;

      d.  amending Item 29 by deleting the current entry and replacing it
with the entries "Wounded In Action-Belgium-2 January 1945", "Wounded In
Action-ETO-6 January 1945", "Wounded In Action-ETO-16 January 1945", and
"Wounded In Action-France-5 February 1945"; and

      e.  providing him a correction to his separation document that
includes these changes.




                            _____Kenneth L. Wright____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014720                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/04/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1959/12/31                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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