RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20040010526


      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. Jeanie M. Biggs               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |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, in effect, the award of the Purple Heart for a
wound received in combat.

2.  The applicant states, in effect, that he was not awarded the Purple
Heart.

3.  The applicant provides a copy of:

     a.  WD AGO Form 53 – 55 (Enlisted Record and Report of Separation -
Honorable Discharge), that show the applicant received an honorable
discharge on 16 November 1945;

      b.  WD-AGO Form 100 (Separation Qualification Record) giving a
summary of the applicant’s military occupations; and

      c.  Form P-80b (Award of Disability Pension (Serviced Connected-Area
Office)), dated 17 January 1946.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 November 1945.  The application submitted in this case is
dated 16 August 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 available records show that the applicant was inducted on 30 August
1943 and entered active duty on 20 September 1943.  He arrived in the
European Theater of Operations (ETO) on 17 January 1945.  The applicant
served 8 months in military occupational specialty (MOS) 745 (Squad
Leader). He was assigned to the 69th Division in France, Belgium and
Germany.  The applicant returned to the United States on 3 June 1945 and
was honorably separated from the service on 16 November 1945 in the rank of
corporal with a Certificate of Disability Discharge.  He had served 1 year
and 9 months in the United States, and 4 months and 26 days in the ETO.
His WD AGO Form 53-55 shows that he is entitled to the following awards:
the Army Service Ribbon, the European-African-Middle Eastern Theater
Campaign Ribbon with 2 service stars and the Army Lapel Button.  However,
the Purple Heart is not shown.

5.  Item 34 (Wounds Received in Action) had entered European-African-Middle
Eastern Theater 22 April 1945.

6.  Hospital admission cards of the Office of The Surgeon General, commonly
referred to as the “SGO Files,” shows that the applicant was treated on 22
April 1945 for fracture of the humerus caused by a rifle bullet.  These
files further indicate that the injury was incurred in battle as a result
of hostile action.

7.  A review of the applicant’s records show that he is entitled to
additional awards, which are not listed on his DD form 214.

8.  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.

9.  Army Regulation 600-8-22 also 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.
10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service includes permanent assignment outside the continental
United States, duty as a crewmember aboard a vessel sailing ocean waters
for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

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.  Evidence of record shows that the applicant was wounded, as a result of
hostile action on 22 April 1945.  Therefore, he is entitled to award of the
Purple Heart and correction of his records to show this decoration.

2.  Evidence of record shows that the applicant is entitled to the Bronze
Star Medal based on his Combat Infantryman Badge.  Therefore, he is
entitled to correction of his records to show this award.

3.  Evidence of record shows that the applicant is entitled to the American
Campaign Medal.  Therefore, he is entitled to correction of his records to
show this award.

4.  Evidence of record shows that the applicant is entitled to the World
War II Victory Medal.  Therefore, he is entitled to correction of his
records to show this award.

BOARD VOTE:

___fe___  ____lgh __  ___pms_  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:

      a.  award of the Purple Heart for wounds sustained on 22 April 1945
in the European-African-Middle Eastern Theater;

      b.  award of the Bronze Star Medal;

      c.  award of the American Campaign Medal; and

      d.  award of the World War II Victory Medal.





                            __________Lester Echols____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010526                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050929                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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