RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 February 2004
         DOCKET NUMBER: AR2003090049


         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:

Ms. Joann H. Langston		Chairperson
Mr. Lester Echols		Member
Mr. Robert J. Osborn, II		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show award of the Purple Heart (PH).

2. The applicant states that he is a World War II veteran of Company D, 100th Battalion, 442nd Regimental Combat Team; he received a shrapnel wound to his right chest wall on 23 October 1943 during combat in Italy; he was sent from the 100th Battalion Aid Station to the 38th Evacuation Station to the 8th Evacuation Hospital; he was discharged and sent to the 29th replacement Battalion on 23 November 1943 and rejoined his unit on 2 December 1943.

3. The applicant provides in support of his request: a 17 April 2003 letter from the Office of Veterans Service, State of Hawaii, supporting his request; a 31 December 2002 VA (Veterans Administration) Form 21-4138 (Statement in Support of Claim) detailing his wounding; a 10 August 1950 letter from the VA establishing service connection for a shrapnel wound to his right chest wall; and 5 pages from a journal kept by the applicant during his World War II service.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 19 November 1945. The application submitted in this case is dated 10 April 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 presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein is limited to a partially reconstructed record.

4. The evidence available shows the applicant was inducted into the Army of the United States on 25 March 1941 and was trained as an infantryman and also in military occupational specialty (MOS) 1607, Mortar Noncommissioned Officer.

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5. The applicant served in the Asiatic-Pacific Theater of Operations from 25 March 1941-5 June 1942. He earned the Asiatic-Pacific Campaign Medal with Bronze Service Star for his participation in the Central Pacific Campaign.

6. On 2 September 1943, he was assigned to the European Theater of Operations (ETO). A Hospital Admissions Card created by the Department of the Army, Office of The Surgeon General in 1943 shows that in October 1943, the applicant received a shrapnel wound to the right chest. The injury was determined to be in the line of duty and he was a battle casualty. The shrapnel was removed from his chest and he returned to duty on an unknown date in November 1943. He continued to serve in the ETO until sometime in July 1945 when he departed for the United States. He arrived in the United States on 2 August 1945 and departed for Hawaii on 26 September 1945. On 5 October 1945, he arrived in Hawaii and was assigned to the Army Separation Center - Oahu, Hawaiian Islands.

7. On 19 November 1945, the applicant was honorably separated from active duty at the Army Separation Center - Oahu, Hawaiian Islands. Item 31 (Military Qualifications) of his WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge (CIB), the Expert Marksmanship Badge (Carbine), the Marksman Marksmanship Badge (Rifle and Browning Automatic Rifle) and 2nd Class Gunner Badge, .30 Caliber Machinegun. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the Good Conduct Medal, American Defense Service Medal with clasp, European-African-Middle Eastern (EAME) Service (Campaign) Medal, Asiatic-Pacific Service (Campaign) Medal, the Distinguished Unit Badge, and the World War II Honorable Service Lapel Button. The PH is not shown as an authorized award; however, Item 34 (Wounds Received in Action) is annotated "23 October 43 European Theater."

8. The applicant's WD AGO Form 53-55 also shows that his campaigns included the Naples - Foggia Campaign, Rome - Arno Campaign, Rhineland Campaign and the Central Pacific Campaign. The applicant is authorized the wear of three bronze service stars on his EAME Campaign Medal and one bronze service star on his Asiatic-Pacific Campaign Medal.

9. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the Purple

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Heart (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.

10. AR 600-8-22 also provides, in pertinent part, that the Bronze Star Medal (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.

11. AR 600-8-22 provides for award of the World War II (WWII) Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. This regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME and Asiatic-Pacific Campaign Medals.

DISCUSSION AND CONCLUSIONS:

1. The evidence available supports that the applicant received a shrapnel wound to the right chest area. The injury was a result of hostile action; the applicant was treated for the injury; and the treatment was documented. Award of the PH is appropriate.

2. The record also supports award of the WWII Victory Medal, the BSM based on award of the CIB, three bronze service stars for wear on the EAME Campaign Medal and one bronze service star for wear on the Asiatic-Pacific Campaign Medal.

BOARD VOTE:

__jhl___ __le____ __rjo___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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 the applicant was awarded the PH, WWII Victory Medal, BSM based on award of the CIB, three bronze service stars for wear on the EAME Campaign Medal and one bronze service star for wear on the Asiatic-Pacific Campaign Medal



                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090049
SUFFIX
RECON
DATE BOARDED	20040212
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.	107.0066
4.
5.
6.