RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2007
      DOCKET NUMBER:  AR20070005936


      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. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 Purple Heart (PH) and
correction of his record to include all awards to which he is entitled
based on his World War II service.

2.  The applicant states, in effect. that he was wounded in action in the
area of Gambsheim, France, when he was hit in the head by a piece of
shrapnel.  He claims to have been treated for this wound at a field
hospital, where he remained for three days until being returned to his
unit, which was moving out.  He claims he was evidently sent back without
the shrapnel being removed.  He states the reason he knows this is that in
1972 or 1973, he was involved in an automobile accident and when he saw a
chiropractor, an x-ray was taken that showed he had a piece of metal in his
head, which must have been the piece of shrapnel he received when he was
wounded in the head during the war.

3.  The applicant provides the following documents in support of his
application:  Separation Document (WD AGO Form 53-55); Self-Authored
Statement; a statement by his daughter, B----- T-------; Bronze Star Medal
(BSM) Citation; and BSM Orders.

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 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 (NPRC) 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.  This case is being considered using
reconstructed records, which primarily consist of the applicant's WD AGO
Form 53-55, documents provided by the applicant, and documents remaining in
the NPRC file.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army
on 7 July 1943 and entered active duty on 21 July 1943.  He held and served
in military occupational specialty (MOS) 345 (Truck Driver) and the highest
rank he attained while serving on active duty was private first class
(PFC).

4.  The applicant's separation document confirms he served in the European
Theater of Operations (ETO) from 8 December 1944 through 8 January 1946.
It also shows that during his tour in the ETO, he served with the 242nd
Infantry Regiment, he participated in the Rhineland and Central Europe
campaigns, and he earned the Combat Infantryman Badge (CIB).

5.  Item 33 (Decorations and Citations) with continuation in Item 55
(Remarks) of the applicant's separation document shows that during his
active duty tenure, he earned the European-African-Middle Eastern Campaign
Medal with 2 bronze service stars, American Campaign Medal, Army Good
Conduct Medal, Meritorious Unit Citation, and 2 Overseas Service Bars.

6.  Item 34 (Wounds Received In Action) of the applicant's WD AGO Form 53-
55 contains the entry "None" and the applicant authenticated this document
with his signature in Item 56 (Signature of Person Being Separated) on the
date of his separation, which was 24 January 1946.

7.  The applicant's NPRC file contains a Headquarters, 42nd (Rainbow)
Infantry Division Citation from the Commanding General (CG), dated 15
January 1946, which awarded the applicant the BSM for meritorious service
in connection with military operations against an enemy of the United
States from 26 December 1944 to 8 May 1945, in France and Germany.  The
NPRC file is void of any medical treatment records or an Office of The
Surgeon General (OTSG) Hospital Admission Record indicating the applicant
was ever wounded in action, or treated for a combat related wound or injury
while serving on active duty.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  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 award of 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, the wound
must have required medical treatment by military medical personnel, and the
medical treatment must have been made a matter of official record.

9.  Paragraph 3-13 of the awards regulation outlines the criteria for award
of the BSM.  Paragraph 3-13d(2) of the awards regulation states, in effect,
that the BSM is authorized to members of the Armed Forces of the United
States who, after 6 December 1941, were cited in orders or awarded a
certificate for exemplary conduct in ground combat against an armed enemy
between
7 December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.  An Oak Leaf Cluster is awarded to denote a second or subsequent
award of the BSM.

10.  Paragraph 5-11 of the awards regulation contains guidance on award of
the Army of Occupation Medal.  It states, in pertinent part, that it is
authorized to members who served in a designated country.  It is authorized
to Soldiers who served in the ETO during the occupation of Europe, who will
wear the clasp inscribed "Germany.”

11.  Paragraph 5-13 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 is
credited with participating in while serving in the ETO.

12.  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 the applicant's tenure of assignment, his unit (242nd Infantry
Regiment) received occupation credit for Germany and Austria, and the unit
was credited with participating in the Ardennes-Alsace, Central Europe, and
Rhineland campaigns of World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the PH for
a shrapnel wound he received to his head in Gambsheim, France, during World
War II, was carefully considered.  However, by regulation, in order to
support award of the 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 medical treatment must have been made a matter of official record.

2.  The applicant's WD AGO Form 53-55 does not include the PH in the list
of awards contained in Item 33 and Item 34 contains the entry "None", which
indicates the applicant was never wounded in action.  The applicant
authenticated the separation document with his signature on 24 January
1946, the date of his separation.  In effect, his signature was his
verification that the information contained on the WD AGO Form 53-55, to
include the Item 33 and Item 34 entries, was correct at the time the
separation document was prepared and issued.

3.  Further, there are no medical treatment records contained in his NPRC
file and the applicant has provided none that show he was ever wounded in
action; and the NPRC file is void of an OTSG Hospital Admission Record
showing he was ever treated for a combat-related wound while serving in the
ETO.  Absent any evidence showing that the applicant was wounded in action,
or that confirms he was treated for a combat related wound by military
medical personnel while serving on active duty, the regulatory burden of
proof necessary to support award of the PH has not been satisfied in this
case.

4.  In view of the facts, it would not be in the interest of all those who
served during World War II and who faced similar circumstances to grant the
PH portion of the requested relief in this case.  The Board wants the
applicant and all others concerned to know that this action in no way
diminishes the sacrifices made by the applicant in service to our Nation.
The applicant and all Americans should be justifiably proud of his service
in arms.

5.  The evidence does confirm the applicant was awarded the BSM for his
meritorious service in France and Germany during the period from 25
December 1944 to 8 May 1945.  It further shows that based on his having
received the CIB, he is also authorized the BSM 1st Oak Leaf Cluster, for
his exemplary conduct in ground combat against an armed enemy while serving
in the ETO from 9 May through 2 September 1945.  Therefore, it would be
appropriate to add these awards to his record and separation document at
this time.

6.  The evidence also shows that based on his service and campaign
participation in the ETO, the applicant is entitled to the Army of
Occupation Medal with Germany Clasp, and to 3 bronze service stars with his
European-African-Middle Eastern Campaign Medal.  Therefore, it would also
be appropriate to add these awards to his record and separation document at
this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___ TAP_  __ ENA  _  __ PMS_  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.  awarding him the Bronze Star Medal 1st Oak Leaf Cluster for his
exemplary conduct in ground combat against an armed enemy while serving in
the ETO from 6 December 1944 through 2 September 1945;

      b.  amending his 24 January 1946 WD AGO Form 53-55 by adding
"Ardennes-Alsace" to the campaigns listed in Item 32; by deleting the
current list of awards contained in Item 33 and the awards listed in the
Item 55 continuation and replacing them with the following entry in Item 33
"Bronze Star Medal
1st Oak Leaf Cluster, Army Good Conduct Medal, American Campaign Medal,
European-African-Middle Eastern Campaign Medal with 3 bronze service stars,
Army of Occupation Medal with Germany Clasp, Meritorious Unit Commendation,
World War II Victory Medal, 2 Overseas Service Bars"; and

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

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.




                            _____Thomas A. Pagan_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005936                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/01/24                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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