RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 January 2005
      DOCKET NUMBER:  AR20040000155


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      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 effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, he was wounded in action on 23
November 1943, while serving in Italy during World War II.  He claims he
was given a PH the day after being wounded, but hospital personnel stole
his bag with the PH medal in it.

3.  The applicant provides a separation document (WD AGO Form 53-55) in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 8 November 1945.  The application submitted in this case
is dated 6 April 2004.

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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant’s WD AGO Form 53-55 and Office of the Surgeon General (OTSG)
Hospital Admission Cards for 1942-1945.

4.  The applicant’s WD AGO Form 53-55 shows he enlisted in the Army and
entered active duty on 22 December 1941.  He held the military occupational
specialty (MOS) 746 (Automatic Rifleman) and served in the European Theater
of Operations (ETO) from 25 June 1943 through 1 September 1945.  It further
shows that he participated in the North Apennines and Po Valley campaigns
of World War II.

5.  The applicant’s WD AGO Form 53-55 also shows that during his tenure on
active duty, he earned the American Defense Service Medal, American Theater
Campaign Medal, European-African-Middle Eastern Campaign Medal and Army
Good Conduct Medal.

6.  On 23 November 1943, while serving with F Company, 1st Ranger
Battalion, the applicant was treated for a gunshot wound to the left index
finger.  The treatment record (Form 52a) confirms he was wounded in action.


7.  An OTSG Hospital Admission Record on file for the applicant confirms he
was admitted to a medical facility in Italy in November 1944.  It further
shows he was treated for a gunshot wound to his left index finger.  The
OTSG admission record further confirms the wound was battle related.

8.  A War Department Letter from The Adjutant General, dated 28 January
1946, confirms the applicant was eligible for the Combat Infantryman Badge
(CIB) based on Headquarters, Ranger Force (Provisional) General Order
Number 4, dated 13 March 1944, and that the effective date of his
eligibility was 1 January 1944.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that the PH is awarded to any member of an Armed Force who, while
serving in any capacity with one of the Armed Services after 5 April 1917,
has been wounded or killed in action.  The regulation defines a wound as an
injury to any part of the body from an outside force or agent sustained
under conditions defined by this regulation.  In order to support awarding
a member the PH, it is necessary to establish that the wound, for which the
award is being made, required treatment by a medical officer.  This
treatment must be supported by records of medical treatment for the wound
or injury received in action, and must have been made a matter of official
record.

10.  Paragraph 3-13 of the awards regulation outlines the criteria for the
award of the Bronze Star Medal (BSM).  Paragraph 3-13d (2) states, in
effect, that the BSM is authorized to members of the Armed Forces of the
United States who, after 6 December 1941, were cited in orders or awarded a
certificate for exemplary conduct in ground combat against an armed enemy
between
7 December 1941 and 2 September 1945, inclusive, or whose meritorious
achievement was otherwise confirmed by documents executed prior to 1 July
1947.  This paragraph also stipulates that for this purpose, an award of
the CIB is considered as a citation in orders.
11.  Paragraph 5-11 of the awards regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that it was awarded
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.
Paragraph 5-12 contains guidance on award of the European-African-Middle
Eastern Campaign Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each campaign a member
participated in while serving in the ETO.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH based on being wounded
in action during World War II was carefully considered and found to have
merit.  By regulation, in order to support awarding a member the PH, it is
necessary to establish that the member was wounded in action, treated for
the wound received in action and the record of this treatment must have
been made a matter of official record.

2.  The medical treatment record (Form 52a) and OTSG Hospital Admission
Record on file confirm the applicant was wounded in action on 23 November
1943, while serving in Italy during World War II.  Therefore, the
regulatory burden of proof necessary to support award of the PH has been
satisfied in this case and it would be appropriate to add this award to his
record at this time.

3.  By regulation, the BSM is authorized for members of the Armed Forces of
the United States who, after 6 December 1941, were cited in orders or
awarded a certificate for exemplary conduct in ground combat against an
armed enemy during World War II and that for this purpose the CIB is
considered as a citation in orders.

4.  A War Department Letter on file confirms the applicant qualified for
the CIB
on 1 January 1944.  Based on his eligibility for the CIB, the regulatory
criteria necessary to support award of the BSM has also been satisfied in
this case.  As a result, it would also be appropriate to add these awards
to his record at this time.

5.  The evidence also confirms that based on his World War II service and
campaign participation in the ETO, the applicant is also entitled to the
World War II Victory Medal and 2 bronze service stars with his European-
African-Middle Eastern Campaign Medal.  Therefore, these awards should also
be added to his record at this time.
BOARD VOTE:

__FE  ___  __RTD __  __YM___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL 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 awarding him the Purple Heart and
Bronze Star Medal; by showing his entitlement to the Combat Infantryman
Badge, World War II Victory Medal and 2 bronze service stars with his
European-African-Middle Eastern Campaign Medal; and by providing him a
corrected separation document that includes these awards.




            ____Fred Eichorn _______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000155                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005-01-06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/08                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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