RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 June 2005
      DOCKET NUMBER:  AR20040009674


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, as the wife of the deceased former service member (FSM),
requests correction of her late husband's records to show award of the
Purple Heart.

2.  The applicant states, in effect, that the FSM was wounded in World War
II and later discharged at Camp Edwards Hospital without receiving a Purple
Heart.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge); a Certificate of Death, dated 21 June
1990; a copy of an Army of the United States, Honorable Discharge
Certificate dated 17 October 1945; and a Department of Veterans Affairs
Patient Data Card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 October 1945.  The application submitted in this case is
dated 29 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 FSM’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 FSM’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.  In addition, the record
of the FSM's Hospital Admission Cards from the Office of the Surgeon
General of the Army was available.

4.  The FSM's WD AGO Form 53-55 shows he was inducted and entered active
duty on 13 November 1942.  The FSM served in the European-African-Middle
Eastern theater of operations from 23 September 1944 through 22 February
1945 while assigned to C Company, 61st Armored Infantry Battalion.  He was
honorably discharged with a certificate of disability on 17 October 1945.

5. Item 31 (Military Qualification and Date) contains the entry "Marksman
Rifle 18 Jan 1943, Marksman Carbine, Combat Infantryman Badge 27 November
1944.

6.  Item 33 (Decorations and Citations) shows the FSM was awarded the
European-African-Middle Eastern Theater Campaign Ribbon with 2 service
stars. Item 34 (Wounds Received in Action) shows he was wounded in the
European-African-Middle Eastern theater on 21 December 1944.

7.  The FSM's records contain information from the Hospital Admission Cards
created by the Office of The Surgeon General of the Army.  This record
showed the applicant was hospitalized for combat wounds received in the
European theater in December 1944.

8.  There are no General Orders in the applicant's records that show he was
awarded the Purple Heart.

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, 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.

11.  Army Regulation 600-8-22 provides, in pertinent part, 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.




DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the FSM’s service personnel records which show
that he was awarded the Purple Heart.  However, his WD AGO Form 53-55 and
Hospital Admission Card from the Office of The Surgeon General of the Army
show he was wounded in combat on 21 December 1944 and treated for his
wounds.  The evidence shows the FSM is eligible for award of the Purple
Heart for wounds sustained during hostile action on 21 December 1944 in the
European-African-Middle Eastern theater of operations.

2.  Evidence of records shows that the FSM received the Combat Infantryman
Badge on 27 November 1944 which makes him eligible for award of the Bronze
Star Medal and he is also eligible for award of the World War II Victory
Medal.  Therefore, the FSM's WD AGO Form 53-55 should be amended to add
these awards.

3.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 17 October 1945.  However, 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:

__MHM__  __EL____  __CAK__  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.  awarding him the Purple Heart for wounds sustained on 21 December
1944; and

      b.  amending his WD AGO Form 53-55 to show award of the Purple Heart,
the Bronze Star Medal, and the World War II Victory Medal.




                            ____ Mr. Melvin H. Meyer ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009674                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |9 June 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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