RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2005
      DOCKET NUMBER:  AR20040009412


      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. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 that his records be corrected to show that he
was awarded the Purple Heart for wounds received during World War Two
(WWII).

2.  The applicant states he was injured in January 1945 and hospitalized
for
2-3 weeks in Nancy, France.

3.  The applicant provides:

      a.  A copy of an undated letter to an archives technician at the
National Personnel Records Center (NPRC).

      b.  A copy of a 10 August 2004 letter from the NPRC.

      c.  A copy of his WD AGO Form 53-55 (Enlisted Record and Report of
Separation - Honorable Discharge)

      d.  A copy of a 6 October 2004 letter of support from a civilian
medical doctor.

      e.  A copy of an undated newspaper article from YANK, a newspaper for
American Soldiers during WWII.

      f.  A copy of a citation for award of the Soldier's Medal which was
issued by General Orders No. 48, Headquarters United States Army Forces
Western Pacific, dated 26 January 1946.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 August 1946, the date of his honorable discharge.  The
application submitted in this case is dated 3 September 2004 and date
stamped on 1 November 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 born on 21 July 1926 and enlisted in the Regular Army
(RA) on 17 July 1944.  At 18 years of age, he reported for active duty on
24 August 1944.  Trained as an infantryman, he was sent to the European
Theater of Operations (ETO), arriving there on/about 16 January 1945.

5.  The applicant was assigned to the 315th Infantry Regiment, 79th
Infantry Division as an infantryman.  He participated in two campaigns –
Rhineland and Central Europe – until 23 June 1945 when he was transferred
from the ETO to the Asiatic-Pacific Theater of Operations (APTO).

6.  The applicant arrived in the APTO on/about 28 July 1945 and served
there as a military policeman until 27 July 1946, when he was transferred
back to the United States.  He arrived in the United States on/about 11
August 1946 and was assigned to the Separation Center at Camp Beale,
California.  He was honorably discharged on 17 August 1946.

7.  The applicant's WD AGO Form 53-55 shows that he was separated as a
Private First Class.  It also shows that he served with the 315th Infantry
Regiment and was awarded the Combat Infantryman Badge.  He also served as a
military policeman.  He received campaign credit for two campaigns,
Rhineland and Central Europe.  He was awarded the American Campaign Medal,
Asiatic-Pacific Campaign Medal, Philippine Liberation Ribbon with bronze
star, Philippine Independence Ribbon, Good Conduct Medal, Soldier's Medal,
and WWII Victory Medal.  Item 34 of his WD AGO Form 53-55 (Wounds Received
in Action) reflects "NONE."

8.  Army Regulation (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 states, in pertinent parts:

      a.  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, and the medical treatment must have been made a matter of
official record.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

      b.  The Bronze Star Medal is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
Bronze Star Medal 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 Combat Infantryman Badge or the Combat Medical Badge
is considered to be a citation in orders.  Therefore, the Bronze Star Medal
is to be awarded to individuals who were authorized either badge for
service during World War II.

      c.  The Soldier's Medal is awarded for distinguished heroism not
involving actual conflict with the enemy.  The same degree of heroism is
required as for award of the Distinguished Flying Cross.  The performance
must have involved personal hazard or danger and the voluntary risk of life
under conditions not involving conflict with an armed enemy.  Awards of the
Soldier’s Medal will not be made solely on the basis of having saved a
life.  The applicant's Soldier's Medal was awarded for heroic actions in
the Philippine Islands.

      d.  The European-African-Middle Eastern (EAME) Campaign Medal is
awarded for qualifying service in the ETO for the period 7 December 1941 to
8 November 1945.  The regulation also authorizes a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of the
regulation and states that authorized bronze service stars will be worn on
the appropriate campaign or service medal including the European-African-
Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully
considered.  However, by regulation, in order to award the PH it is
necessary to establish that
a Soldier was wounded in action, that the wound required treatment by a
medical officer and the medical treatment of the wound must have been made
a matter of official record.  In this case, there are no medical records
that support the applicant's claim; the applicant's WD AGO Form 53-55,
which he authenticated with his signature, indicates that he was not
wounded in action; and there are no orders awarding him the Purple Heart.

2.  The available evidence in this case provides no corroboration of the
applicant's claim that he was wounded/injured in action.  Thus, although
the veracity of the applicant’s claim that he was wounded while serving in
the ETO during WWII is not in question, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case.
As a result, the requested relief must be denied in the interest of all
those who served during WWII II and who faced similar circumstances.

3.  The applicant received the Combat Infantryman Badge for his service in
the ETO as an infantryman assigned to the 315th Infantry Regiment.  His
record should be corrected to show that he was awarded the Bronze Star
Medal based upon his receipt of the Combat Infantryman Badge.

4.  The applicant served in the ETO and is entitled to award of the
European-African-Middle Eastern Campaign Medal.  He participated in two
campaigns in Europe.  He is entitled to wear two bronze service stars on
his EAME Campaign Medal.

5.  The applicant served in two theaters of operation during WWII, the ETO
and the APTO.  He is credited with an Asiatic-Pacific Campaign Medal, but
is not credited with campaign credit.  However, he was cited for heroism in
the Philippine Islands in 1945 which provides support that he participated
in the Western Pacific Campaign (15 June 1944-2 September 1945).  He should
be awarded one bronze service star for wear on his APTO Campaign Medal.

6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that he record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

7.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be
accomplished administratively by the Case Management Support Division
(CMSD), St. Louis, Missouri, as outlined in paragraph 2 of the
Determination/Recommendation section below.

8.  Records show the applicant should have discovered the error or
injustice now under consideration on 17 August 1946, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file in this case based on the fact
there is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__pms___  __ym____  __lgh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that he was awarded the Bronze Star Medal, the European-
African-Middle Eastern Campaign Medal with two bronze service stars, one
bronze service star for wear on his Asiatic-Pacific Campaign Medal, and
campaign credit for participation in the Western Pacific Campaign.



                                  Paul M. Smith
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009412                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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