RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070005703


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 her deceased husband, a former
service member (FSM), be awarded the Purple Heart (PH).

2.  The applicant states, in effect, that the FSM received a wound to his
right hand as a result of a land mine explosion during World War II.  She
claims the FSM was receiving compensation for this injury.

3.  The applicant provides the FSM's Death Certificate and Separation
Document (WD AGO Form 53-55) in support of the application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM'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 FSM'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.  This case is being
considered using reconstructed records, which primarily consist of the
FSM's separation document.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army on
12 February 1943 and entered active duty on 19 February 1943.  It further
shows that he served in the 607th Tank Destroyer Battalion in the European
Theater of Operations (ETO) from 23 August 1944 through 15 October 1945,
and that he participated in the Northern France, Rhineland, and Ardennes
campaigns.  Item 33 (Decorations and Citations) shows he earned the
following awards:  Army Good Conduct Medal; European-African-Middle Eastern
Campaign Medal; American Campaign Medal; and World War II Victory Medal.

4.  Item 34 (Wounds Received in Action) contains the entry "Northern France
 Sep 44", which indicates he was wounded in action in Northern France in
September of 1944.  The WD AGO Form 53-55 further shows the FSM was
honorably discharged, in the rank of technician five (TEC 5), on 7 November
1945, after completing a total of 2 years, 8 months, and 26 days of active
military service.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  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 the wound for
which the award is being made was received 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.

6.  Paragraph 5-11 of the awards regulation contains guidance on the Army
of Occupational Medal.  It states, in pertinent part, that it is authorized
with the Germany Clasp, for service in Germany between 9 May 1945 and 5 May
1955.

7.  Paragraph 5-13 of the awards regulation contains guidance on the
European-African-Middle Eastern Campaign Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member was credited with participating in while serving in the
ETO.

8.  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 FSM's unit (607th Tank Destroyer
Battalion) received occupation credit for Germany for the period 2 May
through 29 September 1945.  It also shows that during this period, the unit
was credited with participating in the Ardennes-Alsace, Northern France,
Rhineland, and Central Europe campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that the FSM was wounded in action while serving
in the ETO during World War II was carefully considered and found to have
merit.  Although the FSM's military records and medical treatment records
are not available, his separation document does contain an entry in Item 34
that confirms he was wounded in action in Northern France in September
1944.  Therefore, it would be appropriate and serve the interest of justice
to award the FSM the PH and to add it to the list of awards contained on
his separation document at this time.
2.  The evidence further shows that based on his World War II service in
the ETO, he is entitled to the Army of Occupation Medal with Germany Clasp
and
4 bronze service stars with his European-African-Middle Eastern Campaign
Medal.  Therefore, it would also be appropriate to add these awards to his
separation document at this time.

BOARD VOTE:

__WDP__  __LMD  _  __JLP__  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.  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, for being wounded in action in
Northern France in September 1944 and showing his entitlement to the Army
of Occupation Medal with Germany Clasp, and 4 bronze service stars with his
European-African-Middle Eastern Campaign Medal; and

      b.  amending his WD AGO Form 53-55 by adding the Central Europe
campaign to Item 32, and deleting the current list of awards in Item 33 and
replacing it with the entry "Purple Heart, Army Good Conduct Medal, Army of
Occupation Medal with Germany Clasp, European-African-Middle Eastern
Campaign Medal with 4 bronze service stars, American Campaign Medal, World
War II Victory Medal"; and providing correction to the FSM's separation
document that reflects these changes.




                            _____William D. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005703                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/07                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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