RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          9 November 2004
      DOCKET NUMBER:  AR2004102558


      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. Mark D. Manning               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |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, that his record be corrected to show
award of the Purple Heart (PH).

2.  The applicant states, in effect, that a Veteran's Administration (VA)
counselor suggested that he apply for award of the PH based on the letter
he has provided.

3.  The applicant provides in support of his request:

      a.  A letter from Headquarters United States Army Forces, Pacific
Ocean Areas Office of the Commanding General, dated 24 April 1945.

      b.  WD AGO Form 53-55 (Enlisted Record and Report of Separation-
Honorable Discharge) issued on 21 December 1945.

      c.  Army of the United States-Honorable Discharge Certificate, issued
on 21 December 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
21 December 1945.  The application submitted in this case is dated
26 December 2003.

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 limitation 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 is
limited to a partially reconstructed record.

4.  On 12 March 1943, the applicant was inducted into the Army of the
United States.  He was trained in military occupational specialty (MOS)
745, Rifleman.  He departed for the European Theater of Operations and
arrived there on or about 29 May 1944.  He served in the European Theater
of Operation until
7 November 1945.
5.  The applicant's WD AGO Form 53-55 shows that on 21 December 1945, he
was honorably separated and he was awarded the American Campaign Service
Medal, European-African-Middle Eastern (EAME) Campaign Medal, Asiatic
Pacific Campaign Medal, Distinguished Unit Badge, World War II Victory
Medal, Combat Infantryman's Badge (CIB), and the Marksman Marksmanship
Qualification Badge.

6.  Item 33 (Decorations and Citations) on the applicant's WD AGO Form 53-
55 shows he participated in the Rome-Arno, North Appennines, Rhineland, and
the PO Valley campaigns.  Item 34 (Wounds Received in Action) shows "None."

7.  The letter the applicant provided informed the applicant's brother that
the applicant had been lightly injured in action on 8 April 1945, in Italy.


8.  A Hospital Admissions Card created by the Department of the Army,
Office of The Surgeon General in 1945 shows that on 8 April 1945, the
applicant was treated for a strained knee joint ligament, muscle, or tendon
(without joint involvement).  The causative agent was a fall.  The injury
was determined to be a battle injury.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, 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 part that:

      a.  The PH 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 (BSM) is awarded for heroism and for
meritorious achievement or service in military operations against an armed
enemy.  The BSM 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 BSM is to be awarded
to individuals who were authorized either badge for service during World
War II.




      c.  A bronze service star is authorized based on qualifying service
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized four bronze service stars to represent
the four campaigns in which he served from 29 May 1944 to 7 November 1945.



      d.  The honorable service lapel button (World War II) is awarded for
honorable Federal military service between 8 September 1939 and 31 December
1946.

DISCUSSION AND CONCLUSIONS:

1.  The available shows the applicant sustained an injury as result of
hostile action; he was medically treated for the injury and the medical
treatment was made a matter of official record.  Therefore, it would be
appropriate to correct the applicant's record to show award of the PH.

2.  The available evidence also supports correcting the applicant's record
to show award of the BSM as a result of his having received the CIB, four
bronze service stars to be worn on the EAME Campaign Medal, and the
honorable service lapel button (World War II).

BOARD VOTE:

__mdm___  __lds___  __lgh___  GRANT 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 award of the PH, BSM, four
bronze service stars to be worn on his EAME Campaign Medal, and the
honorable service lapel button (World War II).



                 Mark D. Manning
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102558                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |




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