RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20040008989


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 records be corrected to
show that; he was awarded the Bronze Star Medal with "V" device, the Purple
Heart, the Good Conduct Medal, the World War II Victory Medal, the American
Defense Service Medal and the American Campaign Medal, a bronze service
star for wear on the Asiatic-Pacific Campaign Medal; his right shoulder
wound was incurred in combat; and that he was separated due to medical
retirement.

2.  The applicant states his Record of Discharge shows he is entitled to
the awards and that his Department of Veteran Affairs (VA) rating decision
shows that his right shoulder wound was incurred in combat.

3.  The applicant provides a copy of his Record of Discharge.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel, in effect, duplicates the applicant's request.

2.  Counsel stated in a telephone conversation with the analyst that, in
completing the application, they had co-mingled the requests pertaining to
the Bronze Star Medal and the bronze service star.

3. Counsel submitted a copy of an official letter forwarding the
applicant's Bronze Star Medal for heroic achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 October 1944.  The application submitted in this case is
dated 30 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 (NPRC) in 1973.  It is believed
that the applicant’s records were lost or destroyed in that fire.  However,
there is sufficient information available for the Board to conduct a fair
and impartial review of this case.

4.  The applicant's Record of Discharge was recorded in the Okanogan
County, Washington by the County Auditor on 31 October 1944.  It shows that
he was inducted on 12 February 1943 in Spokane Washington.  He departed the
United States on 20 September 1943 for the Pacific Theater of Operations.
He served in the New Guinea Campaign as a wireman with Headquarters and
Headquarters Company, 51st Artillery Battalion where he sustained a gunshot
wound to the right thigh.  He was awarded the Bronze Star Medal for heroic
achievement from 20 to 25 June 1944 for installing and maintaining, under
fire, the telephone line between infantry and artillery units.  He was
returned to the United States on
5 August 1944.  On 28 October 1944 he was separated at McCaw General
Hospital, Walla Walla, Washington with a certificate of disability for
discharge (CDD) under the provisions of Section II, Army Regulation 615-
360. He was also awarded the Purple Heart and authorized the Asiatic-
Pacific Campaign Medal with one bronze service star and the Army Lapel
Button.  He had no lost time and the character of his service had been
excellent.

5.  General Order Number 26, Headquarters 6th Infantry Division awarded the
applicant the Bronze Star Medal for heroic achievement mentioned in the
proceeding paragraph.

6.  National Archives and Records Administration, Certificate of Military
Service (NA Form 13038) confirms the dates of service mentioned above.

7.  A health record research project, commonly referred to as the "SGO
(Office of The Surgeon General) Files", involved transposing the hospital
admission card data from the periods of World War II and the Korean
conflict onto magnetic tape. In 1988 the National Research Council made
these tape files available to the National Personnel Records Center (NPRC).
 The availability of the information to the NPRC received considerable
publicity by the various veterans’ service organizations.  It was widely
believed that these tapes would become a valuable substitute for the
records lost in the NPRC fire of 1973.

8.  A search of the SGO files show that on 24 June 1944 the applicant was
hospitalized as a battle casualty due to a rifle bullet wound to the neck
and arm, which caused brachial palsy and resulted in his discharge on a
CDD.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment by a medical officer, and the medical treatment must have been
made a matter of official record.

10.  Army Regulation 600-65 (later superseded by Army regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that the Army Good Conduct Medal was awarded for each 3
years of continuous enlisted active Federal military service completed on
or after 27 August 1940, for first award only, 1 year served entirely
during the period 7 December 1941 to 2 March 1946 and, for the first award
only, upon termination of service on or after 27 June 1950 of less than 3
years but more than 1 year.  At the time, a soldier's conduct and
efficiency ratings must have been "excellent" for the entire period of
qualifying service and there must have been no convictions by court-
martial.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

12.  The regulation also provides that the American Campaign Medal was
established by Executive Order 9265 (WD Bulletin 56 of 1942), as amended by
Executive Order 9706, 15 March 1947. It is awarded for service within the
American Theater between 7 December 1941 and 2 March 1946 under any of the
following conditions:
     (1) On permanent assignment outside the continental limits of the
United States.
     (2) Permanently assigned as a member of a crew of a vessel sailing
ocean waters for a period of 30 consecutive days or 60 nonconsecutive days.

     (3) Outside the continental limits of the United States in a passenger
status or on temporary duty for 30 consecutive days or 60 nonconsecutive
days.
     (4) In active combat against the enemy and was awarded a combat
decoration or furnished a certificate by the commanding general of a corps,
higher unit, or independent force that the soldier actually participated in
combat.
     (5) Within the continental limits of the United States for an
aggregate period of 1 year.

13.  The regulation also provides that the American Defense Service Medal
(ADSM) was established by Executive Order 8808, announced in War Department
Bulletin 17, 1941. It is awarded for service between 8 September 1939 and
7 December 1941 under orders to active duty for a period of 12 months or
longer.

14.  Prior to 1 October 1949, when the Career Compensation Act of 1949
became law, there was no provision for enlisted personnel with less than 20
years of service could be retired due to physical disability.  Prior to
that date compensation for service incurred disability was entirely under
the purview of the VA.

15.  Army Regulation 600-8-22 (Military Awards), also provides that the
bronze “V” device indicates acts of heroism involving conflict with an
armed enemy and authorizes the bronze “V” device in conjunction with awards
of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.
Although more than one award of the Army Commendation Medal or the Air
Medal or the Bronze Star Medal may be made for heroism to the same person,
the regulation provides that only one “V” device may be worn on awards of
the Army Commendation Medal, or the Air Medal or the Bronze Star Medal for
heroism.

16.  The Army Human Resources Command (HRC) website provides that if the DD
Form 214 is a part of an official military record, a copy will be sent. If
the DD Form 214 is not part of the official military record but the record
contains enough information, HRC St. Louis will issue a replacement DD Form
214. If there is not enough information in a record, HRC St. Louis will
issue a Transcript of Military Records (DA Form 1569) or Statement of
Service (APRC Form 2496-E). These forms are authorized replacements for the
DD Form 214 [which is itself the replacement for the WD AGO Form 53-55].

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military records show that he was twice wounded in
combat.  He should be awarded the Purple Heart with First Oak Leaf Cluster.

2.  He was awarded the Bronze Star Medal for heroism by installing and
maintaining telephone lines while under fire.  The "V" device is
authorized.

3.  He distinguished himself during a qualifying period by his excellent
ratings and his combat decorations and should be awarded the Good Conduct
Medal.

4.  He earned a bronze service star for wear on the Asiatic-Pacific
Campaign Medal by his participation in combat during the New Guinea
campaign, the World War II Victory Medal and the Army Lapel Button.

5.  The above awards should be shown on an appropriate record document.

6.  The applicant was hospitalized on 24 June 1944 and ultimately separated
on a CDD due to a gunshot wound to the neck and arm which caused brachial
palsy.  This information should be displayed on an appropriate record
document.

7.  The applicant's records were apparently lost or destroyed in the 1973
fire at the NPRC.  The record from the Okanogan County Oregon Archives is
not an Army record and cannot be corrected by the Board.  However, the
accuracy of the information on the Record of Discharge is confirmed to some
extent by the orders for the Bronze Star Medal, the SGO files and the NA
Form 13038 and there is no reason to question its accuracy of the other
details.

8.  The applicant's service as reflected in CONSIDERATION OF EVIDENCE,
paragraph 4 should be also be displayed on a DA Form 1569.

9.  Part of his requests must be denied.  The applicant did not meet the
qualifications for award of the American Defense Service Medal, it applied
to a period prior to his entry into the service.  He did not meet the
requirements for the American Campaign Medal, because he was not assigned
to duty within the geographical area for an aggregate 12 months.  There was
no provision in law for an enlisted soldier with less that 20 years of
service to retire.  However, his separation from the service was clearly
due to a combat related physical disability.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LB ___  __WDP __  __JBG__  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 all Department of the Army
records of the individual concerned be corrected by

      a.  awarding him the Purple Heart with First Oak Leaf Cluster and the
Good Conduct Medal and by showing, in block 20 (Remarks) of a DA Form 1569,
that his awards also include the Bronze Star Medal with "V" Device, the
Asiatic-Pacific Campaign Medal with one bronze service star, the World War
II Victory Medal and the Army lapel Button.


      b. by completing the DA Form 1569 with the information in paragraph 4,



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
authorizing the (American Defense Service Medal or the American Campaign
Medal and that he was separated due to physical disability retirement.




                            _    William D. Powers____________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050728                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     | . . . . .                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.000                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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