RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 June 2005
      DOCKET NUMBER:  AR20040007991


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |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 WD AGO Form 53-55 (Enlisted
Record and Report of Separation) be corrected to add all his awards.

2.  The applicant states that the WD AGO Form 53-55 was mailed to his home
with awards omitted.

3.  The applicant provides his WD AGO Form 53-55; a copy of an envelope; an
Army Ground Forces, Office of The Commanding General letter dated 6 October
1945; a 31st Signal Company, 31st Infantry Division letter dated 20
December 1945; an undated newspaper article, and a 2 April 1945 newspaper
article.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on       1 January 1946.  The application submitted in this case is dated 8
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.  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 was inducted into the Army on 13 November 1942 and
entered active duty on 27 November 1942.  He arrived in the Asiatic-Pacific
Theater of Operations on 21 March 1944 and departed on 30 November 1945.
He was separated on 1 January 1946.

5.  The applicant's WD AGO Form 53-55 shows he participated in two
campaigns.  It shows he was awarded the Sharpshooter Marksmanship
Qualification Badge Carbine, the Combat Infantryman Badge, the Army Good
Conduct Medal, the American Theater Service Medal, the Asiatic-Pacific
Theater Service Medal (currently known as the Asiatic-Pacific Campaign
Medal and referred to as such hereafter) with two bronze service stars and
one arrowhead; and the World War II Victory Medal.  Item 34 (Wounds
Received in Action) contains the entry, "NONE."

6.  The applicant provided a 31st Signal Company, 31st Infantry Division
letter dated 20 December 1945 which shows he was authorized to wear the
Combat Infantryman Badge, the Army Good Conduct Medal, the American Theater
Service Medal, the Asiatic-Pacific Campaign Medal with three bronze service
stars and one arrowhead; the Philippine Liberation Ribbon with one bronze
service star, the World War II Victory Medal with one bronze service star,
the Purple Heart, and the Bronze Star Medal.

7.  The applicant provided two newspaper articles.  The undated article
shows he was wounded in the right arm on 13 March (year not given) on
Morotai Island.  The 2 April 1945 article just shows he was wounded in
action.

8.  Office of The Surgeon General Hospital Admission Cards show the
applicant was hospitalized on 13 March 1945 for a non-battle injury to the
forearm.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Purple Heart to any member of an Armed Force who has been wounded or killed
in any action against an enemy of the United States.  The wound must have
required treatment by a medical officer and records of medical treatment
for wounds or injuries received in action must have been made a matter of
official record.

10.  Army Regulation 600-8-22 provides for the award of the Bronze Star
Medal to any person who distinguished himself or herself by heroic or
meritorious achievement or service, not involving participation in aerial
flight, in connection with military operations against an armed enemy.  It
also provides for award of the Bronze Star Medal to members of the Armed
Forces who, after 6 December 1941 and prior to 3 September 1945, have been
cited in orders or in a formal certificate for meritorious or exemplary
conduct in ground combat against the armed enemy.  A citation in orders for
the Combat Infantryman Badge or Medical Badge awarded in the field during
the period of actual combat against the armed enemy is considered as a
citation for exemplary conduct in ground combat.

11.  Army Regulation 600-8-22 provides for award of the Philippine
Liberation Ribbon for service in the liberation of the Philippines from 17
October 1944 to     3 September 1945 under any of four conditions:  (1)
participated in the initial landing operations on Leyte or adjoining
islands from 17 to 20 October 1945; (2) participated in any engagement
against the enemy during the campaign on Leyte and adjoining islands; (3)
participated in any engagement against the enemy on islands other that
those included in (2) above; and (4) served in the Philippines for not less
than 30 days during the period.  A bronze service star is authorized to be
worn for each additional condition under which the individual qualifies
other than that under which he or she is eligible for the initial award of
the ribbon.

12.  Army Regulation 600-8-22 does not provide for the wear of a bronze
service star on the World War II Victory Medal.

13.  Army Regulation 600-8-22 authorizes award of 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 service medal to include the Asiatic-Pacific Campaign
Medal.  Appendix B shows that the New Guinea campaign ended on 31 December
1944 and the Southern Philippines campaign began on 27 February 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he was awarded the Sharpshooter
Marksmanship Qualification Badge Carbine, the Combat Infantryman Badge, the
Army Good Conduct Medal, the American Theater Service Medal, the Asiatic-
Pacific Campaign Medal with two bronze service stars and one arrowhead; and
the World War II Victory Medal.

2.  The applicant appears to be basing his request for additional awards on
the 31st Signal Company, 31st Infantry Division 20 December 1945 letter
which indicated he was authorized, in addition to those awards listed on
his WD AGO Form 53-55, one additional bronze service star to be worn on the
Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon with one
bronze service star, one bronze service star to be worn on the World War II
Victory Medal, the Purple Heart, and the Bronze Star Medal.

3.  The available evidence of record shows the applicant participated in
the New Guinea campaign, which ended on 31 December 1944, and in the
Southern Philippines campaign, which began on 27 February 1945.  It is
reasonable to presume he participated in a campaign between the end of the
one and the beginning of the other, so it would be equitable to show he was
awarded the Asiatic-Pacific Campaign Medal with three bronze service stars
and one arrowhead.

4.  The available evidence of record shows the applicant served in the
Philippines during the eligibility period for award of the Philippine
Liberation Ribbon.  Although there is no other evidence of when or where he
served, any reasonable doubt should be resolved in his favor.  Therefore,
it would be equitable to show he was awarded the Philippine Liberation
Ribbon with one bronze service star.

5.  Bronze service stars are not authorized to be worn on the World War II
Victory Medal.  Therefore, notwithstanding the information on the 20
December 1945 letter, there is no basis for showing he is authorized a
bronze service star on the World War II Victory Medal.

6.  The evidence of record shows the applicant was awarded the Combat
Infantryman Badge; therefore, he met the eligibility requirements for award
of the Bronze Star Medal based upon award of the Combat Infantryman Badge.

7.  The applicant provided two newspaper articles which show he was wounded
in the arm.  One undated article mentions he was wounded on 13 March 1945;
the 2 April 1945 article does not mention the date but presumably refers to
the   13 March 1945 incident.  However, the available official evidence of
record shows that, while he incurred an injury to his forearm on 13 March
1945, that injury was a non-battle injury.  Since the 20 December 1945
letter does not give any additional information (such as the circumstances
under which the applicant incurred the injury or that general orders were
issued awarding him the Purple Heart), there is insufficient evidence on
which to show he was awarded the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__jns___  __hof___  __lds___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 the WD AGO Form 53-55 of the
individual concerned be corrected by showing he is authorized the Asiatic-
Pacific Campaign Medal with three bronze service stars and one arrowhead;
the Philippine Liberation Ribbon with one bronze service star; and the
Bronze Star Medal (based upon award of the Combat Infantryman Badge).
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
correcting his WD AGO Form 53-55 to show he is authorized to wear the
Purple Heart or a bronze service star on the World War II Victory Medal.




            __John N. Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007991                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050614                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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