RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            09 MARCH 2004                  
	DOCKET NUMBER:   AR2003092950

	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. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Barbara J. Ellis		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that he declined the award of the Purple Heart at the time [that he was wounded] because an announcement would be made in the local newspaper, and he did not want his mother to be upset because he was hurt.

3.  The applicant provides a copy of a 4 February 1946 letter from the Veterans Administration (VA) informing the applicant that he had been awarded a pension on account of a disability for his right hand condition and right ankle condition.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 14 November 1945.  The application submitted in this case is dated 9 July 2003.  

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 limitation 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.

4.  The applicant is a veteran of World War II.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he was inducted into the Army on 2 December 1942 and served in the European Theater of Operations during the war, arriving in that theater in October 1944 and returning to the United States in September 1945.  The applicant was a combat engineer assigned to Company B, 328th Combat Engineer Battalion, participating in two campaigns.  He was discharged at Camp Fannin, Texas on 14 November 1945.  His discharge document does not show that he was wounded in action or that he was awarded the Purple Heart.  

5.  On 12 February 1945, Headquarters, 103d Infantry Division, awarded the applicant the Bronze Star Medal for meritorious service in action.  The citation reflecting his actions states in part, "On 10 December 1944, in the vicinity of Mertzwiller, France, [the applicant] and other members of his platoon were constructing a bridge.  As the enemy began to rake the area with mortar fire, the group was forced to abandon the work temporarily and seek cover … A violent shell burst struck the building wounding several men, including the aid man.  Although he was severely shaken by concussion [the applicant] immediately on his own initiative, undertook the aid man's work, binding his comrades' wounds and aiding in their removal to medial aid.  He continued to render aid until his own condition compelled his evacuation."   

6.  The Unit Citation and Campaign Participation Credit Register shows that the 328th Combat Engineer Battalion served as an occupation force in Germany and Austria from May through September 1945.  

7.  Army Regulation 600-8-22 provides 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.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under certain conditions, to include in any action against an enemy of the United States.  A physical lesion is not required.  Examples of enemy-related injuries which clearly justify award of the Purple Heart include an injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; and concussion injuries caused as a result of enemy generated explosions.  

8.  The Bronze Star Medal is awarded for heroic or meritorious achievement or service.    

9.  The Army of Occupation Medal is awarded for service for 30 consecutive days while assigned to the Army of Occupation of Germany.  Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant sustained a concussion from an enemy shell and had to be evacuated.  He was wounded in action and is entitled to the Purple Heart for the wound that he received on 10 December 1944.

2.  The applicant was awarded the Bronze Star Medal.  That award should be reflected in his records.  He is entitled to award of the Army of Occupation Medal with "Germany" clasp.     
BOARD VOTE:

__SAC __  __SLP___  __BJE__  GRANT 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 showing award of the Purple Heart, the Bronze Star Medal, and the Army of Occupation Medal with "Germany" clasp. 

		_   Samuel A. Crumpler_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003092950	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040309	
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.	107.00	
2.		
3.		
4.		
5.		
6.