RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         30 March 2006
      DOCKET NUMBER:  AR20050011384


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Carol A. Kornhoff             |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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).

2.  The applicant states, in effect, that he believes he is entitled to the
PH based on his head and nerve injuries.  He claims that the first four
days after D-Day were a nightmare.  He was proud to serve his country and
would like to pass his medals to his grandchildren.

3.  The applicant provides Field Medical Reports in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on  3 December 1945.  The application submitted in this case
is dated 29 July 2005.

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 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
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 his
separation document (WD AGO Form 53-55; Office of the Surgeon General
Hospital Admission Record for 1944; and other documents that remain in the
applicant's National Personnel Records Center (NPRC) file.

4.  The applicant's separation document shows that he was inducted into the
Army and entered active duty on 26 March 1942.  It also shows that he
served in the 357th Infantry Regiment, and received the Combat Infantryman
Badge (CIB).  It also confirms he served in the European Theater of
Operations (ETO) from
3 April 1944 through 18 November 1945.
5.  The applicant's WD AGO Form 53-55 also shows that he was credited with
participation in the Normandy campaign.  It also shows he earned the
following awards during his active duty tenure:  European-African-Middle
Eastern Campaign Medal with 1 bronze service star; Army Good Conduct Medal;
American Campaign Medal; and World War II Victory Medal.  The PH is not
included in the list of awards contained on the separation document, and
Item 34 (Wounds Received in Action) contains the entry "None".  The
applicant authenticated this document with his signature on the date of his
separation.

6.  The NPRC file contains an OTSG Hospital Admission Record for 1944
pertaining to the applicant.  This document shows the applicant was
admitted to a military medical treatment facility in the ETO in June 1944.
It further shows he was diagnosed with and treated for Psychoneurosis.  The
OTSG record gives no indication the applicant's condition was found to be
battle related.  There are no documents remaining on file that indicate the
applicant was ever recommended for, or awarded the PH by proper authority.


7.  A NPRC Letter on file, dated 29 June 2005, informed the applicant that
he was entitled to the following awards:  Bronze Star Medal; Army Good
Conduct Medal; Presidential Unit Citation; American Campaign Medal;
European-African-Middle Eastern Campaign Medal with 1 bronze service star;
World War II Victory Medal; Army of Occupational Medal with Germany Clasp;
CIB; and Honorable Lapel Button.

8.  The applicant provides three treatment notes that shows he reported for
medical treatment for nervousness due to shell blasts during the period
11 through 19 June 1944.  He also provided notes from the battalion
surgeon, dated 9 May 1945, which indicated the applicant did not have to do
range firing because of his head injury due to Psychoneurosis, which was
diagnosed on
14 June 1944.

9.  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 a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

10.  Paragraph 3-13 of the awards regulation outlines the criteria for
award of the Bronze Star Medal.  Paragraph 3-13d (2) 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.

11.  Paragraph 5-12 of the awards regulation contains guidance on the
European-African-Middle Eastern Campaign Medal.  It states, in pertinent
part, that 1 bronze service star is authorized with this award for each
campaign a member was credited with participating in while serving in the
ETO, and that 1 silver service star will be used in lieu of 5 bronze
service star to denote participation in five campaigns.  It also states
that a bronze arrowhead is authorized to denote assault landing credit.

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 his tenure of assignment, the applicant’s unit (357th Infantry
Regiment) received the French Croix de Guerre, Army of Occupation Medal
with Germany Clasp, Assault Landing credit for Normandy, and campaign
participation credit for the Ardennes-Alsace, Central Europe, Normandy,
Northern France, and Rhineland campaigns of World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH and the supporting
documents he submitted were carefully considered.  However, by regulation,
in order to support award of the PH there must be evidence that the
wound/injury for which the award is being made was received as a result of
enemy action.

2.  The medical evidence includes the medical treatment cards provided by
the applicant, and the OTSG Hospital Admission Record on file in the NPRC
file.  None of these treatment records categorize the applicant as a battle
casualty, or give any indication that his Psychoneurosis met the criteria
necessary to support award of the PH.  Given these medical treatment
records were available at the time, and based on the absence of any
evidence indicating he was ever recommended for, or awarded the PH by
proper authority, it is likely his chain of command did not believe his
head injury met the criteria necessary to support award of the PH at the
time.
3.  The veracity of the applicant's claim of entitlement to the PH is not
in question. However, his file is void of any indication that he was ever
recommended for or awarded the PH based on his Psychoneurosis.  Further,
his separation document does not include the PH in Item 33, and Item 34
contains the entry "None", which indicates he was never wounded in action.
The applicant authenticated the WD AGO Form 53-55 with his signature on the
date of his separation.  In effect, his signature was his verification that
the information in the separation document, to include the Item 33 and Item
34 entries, was correct at the time the document was prepared and issued.
Therefore, absent evidence to the contrary, it is concluded the regulatory
burden of proof necessary to support award of the PH has not been satisfied
in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice related to award of the PH now under consideration on 3 December
1945, the date of his separation.  Therefore, based on the date the Board
was established, 2 January 1947, the time for him to file a request for
correction of any error or injustice expired on 1 January 1950.  He failed
to file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

5.  The evidence does show that based on his World War II and ETO service,
he is entitled to the following awards that were not included on his
separation document:  Bronze Star Medal; Army of Occupational Medal with
Germany Clasp; French Croix de Guerre; and 1 silver service star and 1
bronze arrowhead with his European-African-Middle Eastern Campaign Medal.
The omission of these awards from his record and separation document is an
administrative matter that does not require Board action to correct.
Therefore, administrative correction of the applicant’s records will be
accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, as outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JTM _  ___CAK _  __RCH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the Bronze Star Medal, Army of
Occupational Medal with Germany Clasp, French Croix de Guerre, and 1 silver
service star and 1 bronze arrowhead with his European-African-Middle
Eastern Campaign Medal; and by providing him a correction to his separation
document that reflects these awards.







                                  _____John T. Meixell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011384                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/12/03                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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