RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 June 2005
      DOCKET NUMBER:  AR20040007931


      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. Robert L. Duecaster           |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, that his separation document (WD AGO
Form 53-55) be corrected by adding the Purple Heart (PH), Bronze Star Medal
(BSM) and Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his separation document did not
include the PH he should have received for the injuries he received while
he was a prisoner of war (POW).  He also states that his military
occupational specialty (MOS) was 746 (Automatic Rifleman), which entitles
him to the CIB and BSM.

3.  The applicant provides the following documents in support of his
application:  WD AGO FORM 53-55, Separation Qualification Record (WD AGO
Form 100), Department of Veterans Affairs (VA) Rating Decision Document
Extracts and
VA Discharge Summary.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 29 September 1945.  The application submitted in this case
is dated 19 September 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 limitations 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.  This case is
being considered using reconstructed records that primarily consist of the
applicant’s separations documents (WD AGO Form 53-55 and WD AGO Form 100);
Human Resources Command (HRC) St. Louis Authorization for Issuance of
Awards (DA Forms 1577), and the VA documents provided by the applicant.

4.  The applicant’s WD AGO Form 53-55 confirms that he was inducted into
the Army and entered active duty on 26 February 1942.  It further shows
that he served in the European Theater of Operations (ETO) and participated
in the Sicily, Rhineland and Central Europe campaigns of World War II.
Item 30 (Military Occupational Specialty) shows that he held the MOS 746
(Automatic Rifleman), and Item 33 (Decorations and Citations) shows he
earned the following awards during his tenure on active duty:  European-
African-Middle Eastern (EAME) Campaign Medal, Army Good Conduct Medal
(AGCM) and Meritorious Unit Emblem (MUE).

5.  The WD AGO Form 53-55 also shows that the applicant was honorably
separated on 29 September 1945, in the rank of corporal (CPL).  The
separation document also shows that he was assigned to Headquarters
Detachment 1916 SCU, Hoff General Hospital, Santa Barbara, California at
the time of his separation.  Information provided by the applicant and
supported by the file indicates he was assigned to the 180th Infantry
Regiment, 45th Infantry Division, while he was serving in the ETO.

6.  The applicant’s WD AGO Form 100 confirms that during the Sicilian
campaign, he participated in patrol actions and direct attacks.  It also
confirms he was a POW in Germany for 22 months.

7.  The file provided by the National Personnel Records Center (NPRC)
includes two DA Forms 1577, dated 21 November 1991 and 22 March 1993,
respectively.
These documents confirm the applicant was issued the following awards by
the Army Human Resources Command (HRC), St. Louis:  BSM, POW Medal, AGCM,
MUE, American Campaign Medal (ACM), EAME Campaign Medal with
3 bronze service stars, World War II Victory Medal, CIB and Honorable
Service Lapel Button.

8.  The applicant provides VA documents related to his disability rating
and medical treatment at the VA.  These documents are dated in 1996 and
2004, respectively.  He provides pages 1,2,3,4 and 9 of a VA rating
decision document, dated 20 October 1996; pages 5 through 8 were not
provided.  The pages of the rating decision that were provided contain
statements indicating he was a POW for 22 months during which time he
suffered torture and three or more beatings.
9.  The VA documents provided by the applicant give no indication that the
VA conclusions were based on information contained in the applicant’s
military medical record, or from repatriation physical examination or
interview conducted at the time the applicant was returned to United States
control.  The VA discharge documents dated 19 August 2004, do show the
applicant was diagnosed with the following conditions:  coronary artery
disease, status post right total knee arthroplasty, PTSD, history of
pulmonary embolus, major depression, hyperlipidemia, peripheral neuropathy,
and gastroesphageal reflux disease.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s
awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to
award of the PH.  It states, in pertinent part, that in order to award a PH
there must be evidence that the wound for which the award is being made was
received as a result of enemy action, the wound must have required medical
treatment and the medical treatment must have been made a matter of
official record.

11.  Paragraph 3-13 of the awards regulation outlines the criteria for
award of the BSM.  It states, in pertinent part, that the BSM is authorized
to members 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.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.

12.  War Department Circular 186-1944 provided that the CIB was to be
awarded only to infantrymen serving with infantry units of brigade,
regimental or smaller size.  The Awards Branch, Human Resources Command has
advised, in similar cases, that during World War II, the CIB was normally
awarded 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).
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and the supporting
documents he provided were carefully considered.  However, by regulation,
in order to support award of the PH, there must be evidence that a member
received a combat related wound/injury as a direct result of, or that was
caused by enemy action, that the member was treated for this combat related
wound/injury by military medical personnel, and a record of this treatment
must have been made a matter of official record.

2.  In this case, while it is clear that the applicant was a POW for 22
months, there is no medical treatment records, such as a repatriation
interview and/or physical examination, on file.  As a result, there is no
documentary evidence confirming the applicant was wounded/injured while in
a POW status, or that he was ever treated for any wounds/injuries he may
have received while a POW.

3.  Further, the VA records provided by the applicant were dated in 1996
and 2004, more than 50 years after the fact, and provide no actual first
hand evidence from his military medical record.  The veracity of his claim
of entitlement to the PH is not in question.  However, lacking some
evidence of record to confirm he was treated for the medical conditions in
question upon his repatriation, or shortly thereafter, the regulatory
burden of proof necessary to support award of the PH has not been satisfied
in this case.  Thus, the applicant’s request for the PH must be denied in
the interest of all those who served during World War II and who faced
similar circumstances.

4.  The evidence does confirm the applicant held a qualifying infantry MOS,
served in a qualifying infantry unit and was personally present with the
unit when it engaged in combat with the enemy.  Therefore, he is entitled
to the CIB issued by the HRC St. Louis.  In addition, as a result of his
earning the CIB, he is also entitled to the BSM, for his exemplary conduct
in ground combat against an armed enemy during World War II.  Therefore, it
would be appropriate to add these awards to his separation document at this
time.

5.  The evidence also confirms the applicant’s entitlement to the following
awards that were issued by the HRC, St. Louis in 1999:  POW Medal, AGCM,
MUE, American Campaign Medal, EAME Campaign Medal with 3 bronze service
stars, World War II Victory Medal and Honorable Service Lapel Button.  As a
result, it would also be appropriate to add these awards to his separation
document at this time.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RLD _  __TAP __  ___MJF _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 deleting the current
list of awards contained in Item 33 of his WD AGO Form 53-55, and by
replacing it with the following list of awards:  Prisoner of War Medal,
Bronze Star Medal, Combat Infantryman Badge, Army Good Conduct Medal,
Meritorious Unit Emblem, American Campaign Medal, European-African-Middle
Eastern Campaign Medal with 3 bronze service stars, World War II Victory
Medal and Honorable Service Lapel Button; and by providing him a corrected
separation document that includes these awards.

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 the Purple Heart.




            ___Robert L. Duecaster___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007931                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/09/29                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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