PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002072292

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that item 11 of his discharge physical be changed to show the correct information.  

3.  The applicant states that item 11 does not answer, “State circumstances under which wounds or injuries were incurred.”  That item should show that he was struck by a howitzer recoil.  The item also shows the wrong date that he was wounded and the incorrect unit to which he was assigned.

4.  The applicant’s military records show that he was inducted into the Army on   2 February 1943, served in the European Theater of Operations during World War II from 27 March 1944 to 23 October 1945 and participated in five campaigns.  He was awarded the American Service Medal, the European-African-Middle Eastern Service Medal, the Good Conduct Medal, and the Purple Heart.  He qualified as a sharpshooter with the M1 carbine.  The applicant’s         7 November 1945 report of separation shows that he was wounded on 18 July 1945.  On 13 May 1994 the Army Reserve Personnel Center at St. Louis authorized the issuance to the applicant of the European-African-Middle Eastern Campaign Medal with one silver service star and one bronze arrowhead, and the Army of Occupation Medal with Germany clasp, in addition to his other awards.    
5.  Orders published by the 551st Field Artillery Battalion on 18 July 1945 awarded the applicant the Purple Heart for injuries received as a result of action against the enemy on 1 December 1944.  The applicant’s unit on those orders is shown as Battery B, 551st Field Artillery Battalion.

6.  Prior to his discharge, the applicant underwent a physical examination.  The  6 November 1945 report of that examination is somewhat unreadable; however, in a previous application to this Board, the applicant furnished a certified transcript of the examination provided by the Office of Veterans Affairs in New York City.  That transcript shows that item 11 of the report states, “Lacerations of knee November 1944 Germany 55 Field Artillery Battalion 5 days.”

7.  In a 30 March 1996 statement, a former comrade states that in late November 1944 the applicant suffered a leg injury caused by the recoil of a 240mm howitzer during a misfire.  

8.  The Unit Citation and Campaign Participation Credit Register shows that the 551st Field Artillery Battalion served as an occupation force in Germany from       2 May to 29 September 1945.

CONCLUSIONS:

1.  The information contained in the Veterans Affairs’ transcript of the applicant’s 6 November 1945 report of physical examination is accepted by the Board.  The date the applicant was injured and the designation of the applicant’s organization on that report are obviously incorrect, and although an administrative error, should be corrected.  The information contained in item 11 of that report describes his injury, but not the circumstances thereof.  The Board accepts the statements provided by the applicant and his former comrade concerning the circumstances of his injury, and believes that information should be entered in  the report of his physical examination. 

2.  Consequently, the evidence confirms that the applicant sustained lacerations to his knee on 1 December 1944 caused by being struck by a howitzer recoil in Germany while assigned to the 551st Field Artillery Battalion.  The Board, however, cannot reconstitute the applicant’s 6 November 1945 report of his physical examination.  Nor are there means of correcting that report, other than by these proceedings.  Consequently, these proceedings constitute a correction to item 11 of the applicant’s 6 November 1945 report of physical examination.  

3.  The 18 July 1945 date that the applicant was wounded as shown on his         7 November 1945 separation report is incorrect.  That 18 July 1945 date is the date of the order awarding the applicant the Purple Heart.  The date should be     1 December 1944 and his separation report should be changed accordingly.    

4.  The applicant participated in five campaigns during the World War II as evidenced by his report of separation.  That report should show award of the European-African-Middle Eastern Campaign Medal with one silver service star (a silver star is worn instead of five bronze stars and denotes participation in five campaigns).  

5.  The applicant served as part of an occupation force in Germany until his departure in October 1945.  He is also entitled to award of the Army of Occupation Medal with Germany clasp.

6.  The applicant is entitled to award of the World War II Victory Medal. 

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by: 

 	a.  showing that the applicant sustained lacerations to his knee on             1 December 1944 caused by being struck by a howitzer recoil in Germany while assigned to the 551st Field Artillery Battalion.  This constitutes the only correction to item 11 of his 6 November 1945 report of physical examination;  			
b.  correcting the applicant’s 7 November 1945 report of separation to show that he was wounded on 1 December 1944, vice the 18 July 1945 date shown; 

c.  showing that he was awarded the European-African-Middle Eastern Campaign Medal with one silver service star; and

d.  showing that he was awarded the Army of Occupation Medal with Germany clasp and the World War II Victory Medal.

BOARD VOTE:  

__AAO_ _  __KWL__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__      ___  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072292	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020924	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	124.00	
2.		
3.		
4.		
5.		
6.