RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 February 2004
      DOCKET NUMBER:   AR2003091579


      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. Robert J. McGowan             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 that his records be corrected to reflect award
of the Purple Heart (PH).

2.  The applicant states he went through his Congressional representative
to obtain his PH.  He received the award on 27 April 2001 from the US Army
Soldier and Biological Chemical Command, Philadelphia, Pennsylvania, but
did not receive any supporting paperwork.

3.  The applicant provides a 13 April 2001 letter from his Congressional
representative; a 12 April 2001 letter from the US Army Soldier and
Biological Chemical Command to his Congressional representative; and a 10
May 2001 personal letter to his Congressional representative.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 8 May 1945.  The application submitted in this case is dated 20
May 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 (NPRC) 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 partially reconstructed
record for the Board to conduct a fair and impartial review of this case.

4.  Pertinent information about the applicant's service in World War II can
be determined from a copy of his WD AGO Form 53-55 (Enlisted Record and
Report of Separation -  Honorable Discharge) and his WD AGO Form 20
(Soldier's Qualification Card).  The applicant was inducted into the Army
of the United States on 23 December 1942.  Following basic training at an
Infantry Replacement Training Center (IRTC), he was awarded military
occupational specialty (MOS) 745, Rifleman.  On 22 August 1943, he arrived
at a Replacement Depot in Algeria, North Africa and, on 25 September 1943,
he was transferred to Company K, 179th Infantry Regiment, 45th Infantry
Division.

5.  At the time of the applicant's assignment to Company K, 179th Infantry
Regiment, the 45th Division was participating in the Naples - Foggia
Campaign near Salerno, Italy.  On 26 September 1943, near Calabrito, Italy,
the applicant's unit was crossing a bridge when it came under enemy
artillery fire.  The applicant was blown off the bridge and fell 30 feet to
the rocky riverbed, causing injury.  Data from a Hospital Admission Card
created by the Office of The Surgeon General confirms the applicant's
injury and classifies it as a battle casualty.

6.  Following his injury, the applicant never returned to his unit.  The
remainder of his time in service was spent in hospitals in the European
Theater of Operations (ETO) and in the United States.  During this period
of treatment and recuperation, he performed kitchen police (KP) duties.  He
was honorably discharged on 8 March 1945 under the provisions of Army
Regulation (AR) 615-361, Enlisted Men, Discharge, Medical.

7.  The applicant's WD AGO Form 20 shows that he was entitled to the PH and
the European-African-Middle Eastern  (EAME) Campaign Medal with one battle
star.  His WD AGO Form 53-55 shows the same award.  It does not reflect his
wounding, nor does it reflect his combat organization, his infantry branch,
his infantry MOS, or any other awards and decorations.

8.  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 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.

9.  A review of AR 600-8-22 indicates that the applicant is eligible for
the additional awards and badges discussed below:

      a.  War Department Circular 269-1943 established the Combat
Infantryman Badge (CIB) and the Expert Infantryman Badge (EIB) to recognize
and provide an incentive to infantrymen.  The EIB was to be awarded for
attainment of certain proficiency standards or by satisfactory performance
of duty in action against the enemy.  The CIB was awarded for exemplary
conduct in action against the enemy.  War Department Circular 186-1944
further provided that the CIB was to be awarded only to infantrymen serving
with infantry units of brigade, regimental or smaller size.  Additionally,
World War II holders of the CIB received a monthly pay supplement known as
combat infantry pay and holders of the EIB were entitled to expert infantry
pay.  Therefore, soldiers had economic as well as intangible reasons to
ensure that their records were correct.  Thus, pay records are frequently
the best available source to verify entitlement to this award.  The Awards
Branch, Total Army Personnel Command, has advised in similar cases that,
during World War II, the CIB was normally awarded only to enlisted
individuals who served in the following positions -- Light machine gunner
(604), Heavy machine gunner (605), Platoon sergeant (651), Squad leader
(653), Rifleman (745), Automatic rifleman (746), Heavy weapons NCO (812),
and Gun crewman (864).

      b.  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 (CMB) 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.

      c.  The Good Conduct Medal (GCMDL) is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  Current practice requires that the commander provide written
notice of nonfavorable consideration and permits the individual to respond.

      d.  The World War II Victory Medal (WWII Victory Medal) is awarded
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.

      e.  The American Campaign Medal (ACM) is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service includes permanent assignment outside the Continental
United States, duty as a crewmember aboard a vessel sailing ocean waters
for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, through his Congressional representative, made
application for a PH.  The NPRC issued DA Form 1577 (Authorization for
Issuance of Awards) and the US Army Soldier and Biological Chemical Command
forwarded the PH and CIB to the applicant.

2.  A review of all available records confirms the applicant's entitlement
to the PH and CIB.  Additionally, he is entitled to the BSM, GCMDL, WWII
Victory medal, and ACM.

3.  The applicant's WD AGO Form 53-55 should be corrected to show the above
awards.  It should be corrected:  in Item 4 (Arm or Service) to show "Inf"
as his branch; in Item 6 (Organization) to show "Company K, 179th Infantry,
45th Infantry Division;" in Item 30 (MOS) to show "Rifleman 745;" and in
Item 34 (Wounds) to show "Italy 26 September 1943."

BOARD VOTE:

__jns___  __rtd___  __lmb___  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 amending his WD AGO Form 53-55 to
show:

      a.  That he was awarded the BSM, PH, GCMDL, ACM, EAME Campaign Medal
with bronze service star [no longer called battle star], and WWII Victory
Medal;

      b.  That his Arm or Service was "INF;"

      c.  That his Organization was "Co F, 179th Inf 45th Inf Div;"

      d.  That his MOS was "Rifleman  745;" and

      f.  That he was wounded in Italy on 26 September 1943.





                 John N. Slone
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091579                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040210                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |