RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 April 2006
      DOCKET NUMBER:  AR20050010589


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. David Haasenritter            |     |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 brother-in-law of a World War II former service
member (FSM) who applied on behalf of his sister, the widow of the FSM,
requests, in effect, that his brother-in-law be awarded the Purple Heart.

2.  The applicant states, in effect, that this award is not shown on the
FSM's WD AGO Form 53-55, Enlisted Record and Report of Separation,
Honorable Discharge. The applicant further states that the Veterans
Administration [the Department of Veterans Affairs] (VA) Adjudication
Form 564, Rating Sheet, states he incurred traumatic arthritis in his
left foot resulting from a gunshot wound he sustained in combat.

3.  The applicant provides m a copy of a marriage certificate recorded in
the State of Kentucky; a certificate of death, Division of Vital
Statistics, Ohio Department of Health; a statement from the widow giving
consent for her brother to act in her behalf in this matter; two letters,
authored by the applicant, addressed to this Board pertinent to the
request for correction of the FSM' military records; a copy of the WD AGO
Form 53-55, and a VA Adjudication Form 564 in support of his request
in behalf of the FSM's widow.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 22 May 1945.  The application submitted in this case is dated
14 July 2004.

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 FSM's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records and information obtained from
alternate sources.
4.  Records available to the Board show the FSM was inducted into the Army
of the United States on 4 September 1943 and he entered service at
Huntington, West Virginia, on the 25 September 1943.  The FSM's WD AGO Form
53-55 shows that he served in the military occupational specialty (MOS)
604, Light Machine Gunner, during World War II, before he was honorably
separated in the grade of PFC (Private First Class) with a Certificate of
Disability for Discharge, under the provisions of Army Regulation (AR) 615-
361, at Borden General Hospital, Chickasha, Oklahoma, on 22 May 1945.

5.  Item 6, of the FSM's WD AGO Form 53-55, shows the FSM served with
Company H, 120th Infantry Battalion, a subordinate unit of the 30th
Infantry Division in World War II.

6.  Item 31 (Military Qualification and Date), of the FSM's WD AGO Form
53-55, shows the entry, "None."

7.  Item 32 (Battles and Campaigns), of the FSM's WD AGO Form 53-55, shows
the FSM participated in the France [correctly known as the Northern France]
campaign of World War II.

8.  Item 33 (Decorations and Citations), of the FSM's WD AGO Form 53-55,
shows the FSM was awarded the Combat Infantryman Badge.  No other awards
are shown.

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

10.  The VA Form 564, Rating Sheet, the applicant submitted, shows the FSM
was awarded a 20% disability rating, on 25 May 1945, for traumatic
arthritis of the left foot resulting from a gunshot wound in combat.  The
rating decision was made only 3 days after the FSM was separated at Borden
General Hospital with a certificate of disability for discharge.

11.  In one of the two letters submitted to the Board by the applicant, he
states, the FSM "was wounded in combat I think around August or September
1944 and was sent to the 69th General Hospital in England."

12.  Item 37 (Total Length of Service), of the FSM's WD AGO Form 53-55,
shows that the FSM served an aggregate period of 1 year, 3 months, and 10
days in
the American Theater between 25 September 1943 and 24 July 1944 and from
4 January 1945 through 22 May 1945.  The American Campaign Medal is not
shown in Item 33 of the FSM's WD AGO Form 53-55.

13.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that Company H, 2nd
Battalion, 120th Infantry Regiment, 30th Infantry Division, was cited for
award of the French Croix de Guerre, for the period 6 through 12 August
1944, by Department of the Army General Orders (DAGO) Number 43, dated
1950; and for award of the Meritorious Unit Commendation, for the period 1
March through 31 August 1944, by General Orders 129, Headquarters, 30th
Infantry Division, dated 23 May 1945.

14.  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.

15.  AR 600-8-22 also provides, in pertinent part, that the Bronze Star
Medal 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.

16.  AR 600-8-22 provides, in pertinent part, for award of the World War II
Victory Medal.  It is awarded for service between 7 December 1941 and 31
December 1946, both dates inclusive.

17.  AR 600-8-22 provides, in pertinent part, for award of the American
Campaign Medal.  This campaign medal is awarded for qualifying service in
the American Theater between 7 December 1941 and 2 March 1946.  Qualifying
service includes permanent assignment outside the continental
United States, duty as a crewmember aboard a vessel sailing ocean waters
for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a
passenger or in a temporary duty status for 30 consecutive or 60
nonconsecutive days, or active combat against the enemy and was awarded a
combat decoration or furnished a certificate by a corps commander
or higher, or service within the continental United States for an aggregate
period of one year.

18.  AR 600-8-22 provides, in pertinent part, that the European-African-
Middle Eastern Campaign Medal is awarded for service within the European
African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.
 This medal is awarded to any service member who was permanently assigned
in the theater, who was in a passenger status or on temporary duty for 30
consecutive days or 60 nonconsecutive days, or who was in active combat
against the enemy and was awarded a combat decoration, or who was furnished
a certificate by the commanding general of a corps or higher unit or
independent force showing that he actually participated in combat.

19.  AR 600-8-22 also authorizes a bronze service star, based on qualifying
service, for each campaign listed in Appendix B of this regulation or
listed in item 32 of the WD AGO Form 53-55.  This regulation states that
authorized bronze service stars will be worn on the appropriate campaign or
service medal including the European-African-Middle Eastern Campaign Medal.


20.  AR 600-8-22 states, in pertinent part, that the Meritorious Unit
Commendation (formerly known as the Meritorious Service Unit Plaque until 1
March 1961) is awarded to units for exceptionally meritorious conduct in
the performance of outstanding services for at least six continuous months
during the period of military operations against an armed enemy occurring
on or after 1 January 1944.  Service in a combat zone is not required, but
must be directly related to the combat effort.  The unit must display such
outstanding devotion and superior performance of exceptionally difficult
tasks as to set it apart and above other units with similar missions.  The
degree of achievement required is the same as that which would warrant
award of the Legion of Merit to an individual.  Only in rare cases will a
unit larger than a battalion qualify for award of this decoration.  For
services performed during World War II, awards will be made only to service
units and only for services performed between 1 January 1944 and 15
September 1946.

21.  AR 600-8-22 provides for award of the French Fourragere.  The
regulation states that the French Government may award it when a unit has
been cited twice for the Croix de Guerre.  The award of the French
Fourragere is not
automatic, but requires a specific decree of the French Government.
Persons who were present in only one action are not authorized to wear the
Fourragere.  The evidence shows the applicant's unit was cited for only one
award of the French Croix de Guerre.

22.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center
[now the U.S. Army Human Resources Command] published the policy regarding
award of the French Croix de Guerre to U.S. Army veterans who served in
World War I and World War II.  Essentially, this guidance states that there
is no individual emblem presented to or worn by Army soldiers who were in a
unit cited by the French Government for award of the Croix de Guerre.
Thus, former members of any American units which appear in Department of
the Army Pamphlet 672-1 are not authorized an individual device.  This is
also true of the Belgian Citation in the Order of the Day and the
Netherlands Military Order of William.  As a result, the only European
foreign unit awards which a former Army service member may wear are the
French Fourragere, the Belgian Fourragere and the Netherlands Orange
Lanyard.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was separated at Borden General Hospital with a certificate of
disability for discharge on 22 May 1945.  He was awarded a 20% disability
rating, on 25 May 1945, only 3 days after his separation, "for traumatic
arthritis of the left foot resulting from a gunshot wound in combat."

2.  Despite the lack of additional substantiating evidence, the contents of
the VA Form 564 are sufficiently credible and the rating decision is
sufficiently close to the date of the FSM's separation to arrive at a
determination that the FSM is entitled to award of the Purple Heart and to
have it added to his WD AGO Form 53-55.

3.  The exact date the FSM was wounded is not available because of the
destruction or loss of his records in the St. Louis fire in 1973.  It is
believed the applicant was wounded on about 12 August 1944, the last day of
the period for which the FSM's unit was recognized for award of the French
Croix de Guerre.  The unit was awarded the French Croix de Guerre for the
period 6-12 August 1944.

4.  The FSM was awarded the Combat Infantryman Badge while he served as
a light machine gunner in the Infantry in France during World War II.  The
FSM
is therefore entitled to award of the Bronze Star Medal, based on award of
the Combat Infantryman Badge, and to have it added to his WD AGO Form 53-
55.

5.  The FSM served honorably in the Army of the United States from 25
September 1943 through 22 May 1945.  He is therefore entitled to award of
the World War II Victory Medal and to have it added to his separation
document.

6.  The FSM served in the European Theater of Operations during the
qualifying period for award of the European-African-Middle Eastern Campaign
Medal and participated in the Northern France campaign of World War II.  He
is therefore entitled to award of the European-African-Middle Eastern
Campaign Medal, with one bronze service star, and to have it added to his
WD AGO Form 53-55.

7.  The FSM served an aggregate period of service of over one year in the
continental United States.  He is therefore entitled to award of the
American Campaign Medal and to have it added to his WD AGO Form 53-55.

8.  The FSM was a member of Company H, 2nd Battalion, 120th Infantry
Regiment, 30th Infantry Division, at a time it was cited for award of the
French Croix de Guerre.  The FSM is therefore entitled to correction of his
military records to show this foreign unit award.

9.  The FSM was a member of a unit, at a time it was cited for award of the
Meritorious Unit Commendation.  The FSM is therefore entitled to correction
of his military records to show this unit award.

BOARD VOTE:

_RTD___  __DH____  _PM____  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 the FSM the Purple Heart, for wounds he sustained, on
12 August 1944, in combat in France during World War II, and adding this
award to his WD AGO Form 53-55;

      b.  awarding the FSM the Bronze Star Medal, based on his having been
awarded the Combat Infantryman Badge during World War II, and adding this
award to his WD AGO Form 53-55;

      c.  awarding the FSM the European-African-Middle Eastern Campaign
Medal, with one bronze service star; the World War II Victory Medal; and
the American Campaign Medal, and adding these awards to the FSM's WD AGO
Form 53-55;

      d.  awarding the FSM the French Croix de Guerre and adding this
foreign unit award to the FSM's WD AGO Form 53-55, as follows:  “French
Croix de Guerre - Unit Citation - No Emblem Authorized”; and

      e.  awarding the FSM the Meritorious Unit Commendation and adding
this unit award to the FSM's WD AGO Form 53-55.




                            _____Richard T. Dunbar_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010589                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060413                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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