RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20040009598


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |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 service records be
corrected to show award of the Purple Heart (PH) and the Bronze Star Medal
(BSM) based on award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was awarded the PH medal, but
he never received the certificate or the order for the award, because he
was issued the PH and evacuated from the hospital before the paperwork was
completed.

3.  The applicant provides in support of his request a WD AGO Form 53-55
(Enlisted Record and Report of Separation-Honorable Discharge), a
Separation Qualification Record, and three medical documents, dated 4 and
11 October 1944.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1945.  The application submitted in this case is
dated 15 October 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 presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein was
obtained from those documents received from the applicant.

4.  The applicant was inducted into the Army of the United States on 17
March 1943 and he entered active duty status on 24 March 1943.  He arrived
in the European Theater of Operations (ETO) on 1 September 1943.  He
departed the ETO on 16 August 1945 and arrived back in the United States on
25 August 1945.  He served during the Rome-Arno, North Apennines, Po Valley
and Naples-Foggia campaigns.
5.  On 31 October 1945, the applicant was honorably separated at the
Separation Point, Fort Leonard Wood, Missouri.  Item 33 (Decorations and
Citations) on the applicant's WD AGO Form 53-55 is annotated to show
"Purple Heart Authority Not Available".  The WD AGO Form 53-55 also shows
award of the Good Conduct Medal (GCMDL), World War II (WWII) Victory Medal,
European-African-Middle Eastern Campaign Medal with 4 Bronze Service Stars,
American Theater Ribbon, Combat Infantryman Badge (CIB), 4 Overseas Service
Bars and the WWII Honorable Service Lapel Button

6.  Item 34 (Wounds Received in Action) is annotated to show "Italy 4
October 1945."

7.  The medical documents that were provided by the applicant show that he
was wounded in the neck and chest while in action against a hostile force
and that he received treatment for his wounds at both the 64th General
Hospital and the 56th Evacuation Hospital.

8.  General Orders Number 60, Headquarters, 64th General Hospital, dated
23 November 1944, shows the applicant was awarded the PH for wounds that he
received in action on 3 October 1944.

9.   Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  This regulation provides, in
pertinent part, that:

      a.  The Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that:
(1) the wound was the result of hostile action; (2) the wound required
medical treatment; and (3) the medical treatment was made a matter of
official record.


      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 CIB or the Combat Medical Badge is considered to be
a citation in orders.  This means, in effect, that the Bronze Star Medal is
to be awarded to individuals who were authorized either badge for service
during WWII.
DISCUSSION AND CONCLUSIONS:

1.  General Order Number 60 shows the applicant was awarded the PH for
wounds received in action on 3 October 1944.  His WD AGO Form 53-55 shows
he was awarded the PH for wounds received in action on 4 October 1944 and
that the authority for the award was not available at the time.

2.  The applicant's WD AGO Form 53-55 should be corrected to show he was
awarded the PH for wounds received in action on 3 October 1944 and the
authority for the award is General Order Number 60, Headquarters, 64th
General Hospital, dated 23 November 1944.

3.  In addition, the applicant should be issued a certificate and a copy of
General Orders Number 60 showing this award.

4.  Further, the applicant's record should be corrected to show award of
the BSM as a result of having received the CIB.

BOARD VOTE:

__jea___  __bpi___  __mjf___  GRANT FULL 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:

      a.  Correcting the records of the individual concerned to show General
Orders Number 60, dated 23 November 1944, awarded him the PH for wounds
sustained in action on 3 October 1944;










      b.  Issuing the individual a certificate and a copy of General Orders
Number 60 showing award of the PH for wounds he received in action on
3 October 1944; and

      c.  Correcting the individuals record to show award of the BSM based
on award of the CIB.


                                  James E. Anderholm
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009598                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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