RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 February 2004                   
	DOCKET NUMBER:   AR2003088810

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		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, in essence, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected to show award of two Purple Heart (PH) medals, award of the Bronze Star Medal (BSM), participation credit for the Central Europe Campaign and award of a fourth bronze battle star (currently known as the bronze service star (BSS) to denote that participation credit.

2.  The applicant states in a letter written to the Board that he is 79 years old and rated 100 percent disabled by the Veterans Administration for post-traumatic stress disorder.  He desires that his record be corrected so that he may be qualified for interment in Arlington National Cemetery.  He states he received his first PH for a shrapnel injury to his neck in November 1944 and the second award due to a knee injury on 7 February 1945. 

3.  The applicant provides in support of his request:  a letter and a service resume written in his own behalf; Letter Orders, dated 14 March 1946 and 17 March 1961 for award of the PH and the BSM; and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation -  Honorable Discharge). 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 10 November 1945.  The application submitted in this case is dated 30 March 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 was inducted into the Army of the United States on 24 September 1943 and he entered active duty status on 15 October 1943.  He served in military occupational specialty (MOS) 745 (Rifleman).  He served in the European Theater of Operations (ETO) from 11 August 1944 to 1 June 1945 and the evidence available supports that he served with Company F, 301st Infantry Regiment, 94th Infantry Division. 

4.  The applicant served during the Ardennes-Alsace, Central Europe, Northern France and Rhineland campaigns.

5.  Information obtained from hospital admission cards created by the Office of The Surgeon General shows that, on 21 March 1945, while serving in the ETO, the applicant was admitted to an overseas hospital and treated for a wound to the knee joint.  The wounds were the direct result of action against or by an organized enemy and the casualty agent was determined to be "artillery shell, blast effects."  He was separated for disability with the determination "Line of Duty, Yes."  There is no hospital admission card to support the applicant's contention that he was wounded in November 1944.

6.  The applicant's WDA GO Form 53-55 shows that he was honorably separated on 10 November 1945 and that he was awarded the European-African-Middle-Eastern (EAME) Campaign Medal with 3 BSS's, the Good Conduct Medal, World War II (WWII) Victory Medal, American Theater Ribbon (American Campaign Medal), 1 Overseas Service Bar, the Combat Infantryman Badge (CIB), Expert Infantryman Badge, Sharpshooter Marksmanship Badge (Rifle M-1) and the WWII Honorable Lapel Button.  The applicant's WD AGO Form 53-55 does not show the PH, the BSM, the Central Europe Campaign or the fourth BSS as authorized awards.  

7.  Item 34 (Wounds Received in Action) on the applicant's WD AGO Form 53-55 is annotated "NONE."

8.  The Letter Order from the War Department, The Adjutant General's Office, Washington, DC, dated 14 March 1946, announces the applicant was awarded the PH due to a wound that he received on 7 February 1945.  

9.  The Letter Order from Headquarters, Department of the Army, Office of the Adjutant General, dated 17 March 1961, announces that the applicant was awarded the BSM due to award of the CIB.  

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

11.  Army Regulation 600-8-22 also provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

12.  Army Regulation 672-1 (Unit Citation and Campaign Participation Credit Register), in pertinent part, authorizes a BSS, based on qualifying service, for each campaign listed in this regulation and states that authorized BSS's will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence available supports that it would be appropriate to correct the applicant's WD AGO Form 53-55 to show:  award of the PH for a wound he sustained on 7 February 1945; award of the BSM; participation credit for the Central Europe Campaign; and award of a fourth BSS for his EAME Campaign Medal. 

2.  There is no evidence available to indicate the applicant was wounded in November 1944, therefore, he is not authorized an additional award of the PH. 

BOARD VOTE:

__sac___  __clg___  __rks___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 PH, the BSM, a fourth BSS for his EAME Campaign Medal and participation in the Central Europe Campaign.

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 a second PH.  

			Samuel A. Crumpler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088810	
SUFFIX		
RECON		
DATE BOARDED	20040203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.		
4.		
5.		
6.