RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 AUGUST 2005
      DOCKET NUMBER:  AR20040010352


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. James 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 that his Enlisted Record and Report of
Separation – Honorable Discharge, be corrected to show that he was wounded
in action and awarded the Purple Heart.

2.  The applicant states that his discharge does not reflect this
information.  His unit was disbanded after he was wounded and the records
transferred.  He was wounded in the right leg as well as in the stomach.
He is receiving a 60 percent service connected disability rating.

3.  The applicant provides a copy of a telegram from The Adjutant General
to the his mother informing her that he was wounded in action, a copy of a
letter from a member of Congress (MC) to his mother expressing his
sympathy, a copy of a note from a hospital commander indicating that the
applicant had been evacuated to the United States, a copy of the
applicant’s Honorable Discharge Certificate, and a copy of a letter to the
applicant from the Department of Veterans Affairs informing him of his 60
percent service connected disability rating.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 December 1945.  The application submitted in this case
is dated 11 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 entered on active duty on 14 September 1943 and served in
the Asiatic-Pacific Theater of Operations during World War II with Company
G,     108th Infantry Regiment of the 40th Infantry Division, arriving in
that theater in April 1944 and returning to the United States in May 1945.
He was discharged with a certificate of disability at Brooke Convalescent
Center, Fort Sam Houston, Texas on 20 December 1945.  His WD AGO Form 53-55
(Honorable Discharge) shows that he served with Company G, 108th Infantry
Regiment.  His awards include the Combat Infantryman Badge.  That form,
however, does not show that he was wounded in action or awarded the Purple
Heart.

4.  Information from the hospital admission cards created by the Office of
The Surgeon General shows that the applicant was a battle casualty and that
he was wounded by a rifle bullet on 15 February 1945.

5.  The telegram from The Adjutant General to the applicant’s mother
indicates that the applicant was seriously wounded in Luzon on 15 February
1945.

6.  The Unit Citation and Campaign Participation Credit Register shows that
the 108th Infantry Regiment was awarded the Philippine Presidential Unit
Citation for its actions while the applicant was assigned to that
organization.

7.  Army Regulation 600-8-22 provides for award of the Bronze Star Medal to
each member of the Armed Forces of the United States who, after 6 December
1941 has been cited in orders or awarded a certificate for exemplary
conduct in ground combat against an armed enemy between 7 December 1941 and
            2 September 1945.  The award of a Combat Infantryman Badge is
considered as a citation in orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on Luzon in the Philippine Islands
on   15 February 1945 and is entitled to award of the Purple Heart.

2.  The applicant is entitled to award of the Philippine Presidential Unit
Citation.

3.  By virtue of his award of the Combat Infantryman Badge, the applicant
is entitled to award of the Bronze Star Medal.

BOARD VOTE:

__MM___  ___JM __  ___JG___  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 showing that he was wounded in action
on Luzon in the Philippine Islands on 15 February 1945, that he was awarded
the Purple Heart, the Philippine Presidential Unit Citation, and the Bronze
Star Medal.




                            ______Melvin Meyer_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010352                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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