RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 APRIL 2004
      DOCKET NUMBER:   AR2003098415


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Roger W. Able                 |     |Chairperson          |
|     |Mr. Robert J. Osborn II           |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 he was awarded the Purple Heart after his
discharge but needs verification of the award.  He states that he did not
think he would need this information but has discovered that the award will
help with insurance payments and license plates.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
24 January 1946.  The application submitted in this case is dated 3 October
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's separation document indicates that he entered active
duty on 25 March 1943 and arrived in the European Theater of Operations in
February 1944.  He was awarded the Combat Infantryman Badge and served as a
rifleman with the 53rd Armored Infantry Battalion.

5.  Files maintained by the Office of The Surgeon General, commonly
referred to as the SGO Files confirms that the applicant was reported as a
“battle casualty” as a result of wounds sustained on 5 March 1945.  There
is no indication he was ever awarded the Purple Heart.

6.  The applicant returned to the United States in January 1946 and was
honorably discharged on 24 January 1946 as a result of demobilization.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the
Bronze Star Medal is to be awarded to individuals who were authorized the
Combat Infantryman Badge or the Combat Medical Badge for service during
World War II.  Awards of the Bronze Star Medal based on the Combat
Infantryman Badge or Combat Medical Badge are referred to as conversion
awards.

9.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
awarded a Distinguished Unit Citation (now known as the Presidential Unit
Citation), an Army of Occupation Medal with “Germany” clasp, and a French
Fourragere during his tenure with the organization.

DISCUSSION AND CONCLUSIONS:

1.  Files maintained by the Office of The Surgeon General confirm that the
applicant was reported as a battle casualty for wounds sustained on 5 March
1945.  As such he is entitled to an award of the Purple Heart and his
records should be corrected accordingly.

2.  The evidence also confirms that the applicant is entitled to a Bronze
Star Medal based on his Combat Infantryman Badge, a Distinguished Unit
Citation (now known as the Presidential Unit Citation), an Army of
Occupation Medal with “Germany” clasp, and a French Fourragere.

BOARD VOTE:

__RWA__  __RJO __  __YM___  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:

      a.  awarding him the Purple Heart; and


      b.  showing entitlement to the Bronze Star Medal as a conversion award
based on his Combat Infantryman Badge, a Distinguished Unit Citation (now
known as the Presidential Unit Citation), an Army of Occupation Medal with
“Germany” clasp, and a French Fourragere.




            _____Roger W. Able______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003098475                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040413                                |
|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.                      |                                        |