RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 December 2004
      DOCKET NUMBER:  AR2004103886


      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:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 the Army issue to him the Purple Heart
awarded to his deceased father, hereafter referred to as the former service
member (FSM).

2.  The applicant states that when the National Personnel Records Center
(NPRC), St. Louis, Missouri provided the FSM with his medals, the Purple
Heart was not included.

3.  The applicant also states that the Purple Heart is listed as an
authorized award on the FSM's WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge).

4.  The applicant provides in support of his request:

      a.  Copy of the FSM's WD AGO Form 53-55, issued on 31 December 1945.

      b.  Certification of the FSM's death from the State of Tennessee,
Office of Vital Records, which shows the FSM died on 6 February 2004 and
that he was widowed at the time.

      c.  A Certificate of Live Birth from the Department of Health,
Nashville, Tennessee, which shows the FSM is the applicant's father.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
31 December 1945.  The application submitted in this case is dated 10
February 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 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 FSM's military records are presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein is
limited to the documents contained in a reconstructed record and a Hospital
Admission Card created by the Office of The Surgeon General (SGO) between
1942-1945.

4.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the
United States on 14 August 1942 and he entered into active service on
28 August 1942.  He served in military occupational specialty (MOS) 745
(Rifleman).  He served in the European-African-Middle Eastern (EAME)
Theater of Operations from on/about 29 December 1943 to 25 December 1945.

5.  The FSM's WD AGO Form 53-55 shows that, on 31 December 1945, he was
separated at the Separation Center, Fort, Knox, Kentucky.  Item 31
(Military Qualifications) shows that he was awarded the Combat Infantryman
Badge.  Item 33 (Decorations) shows he was awarded the American Theater
Ribbon, EAME Theater Ribbon with three bronze service stars, Good Conduct
Medal (GCMDL), World War II Victory Medal, and the Honorable Service Lapel
Button.  Item 34 (Wounds Received in Action) is annotated "ITALY MAY 1944.
Item 55 (Remarks) is annotated "Purple Heart GO57 HQS 8th Evac Hosp 15 May
44."  The "GO57," which stands for General Order 57, is practically
illegible

6.  An attempt was made to identify an order awarding the FSM the Purple
Heart.  Orders issued by the 8th Evacuation Hospital during the time period
did not list the applicant as being awarded a Purple Heart.

7.  Information obtained from the SGO Hospital Admission Card shows that,
in May 1944, the FSM was admitted to an overseas hospital and treated for a
wound to the buttocks and hip.  The wound was the direct result of action
against or by an organized enemy and the casualty agent was determined to
be "artillery shell, fragments, afoot or unspecified."

8.  On 1 June 2002, the NPRC issued the applicant all of the awards that
are shown the FSM's WD AGO Form 53-55 to include the Bronze Star Medal
based on award of the CIB.  However, the available record does not contain
a DD Form 215 (Correction to DD Form 214) to show this correction.

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

DISCUSSION AND CONCLUSIONS:

1.  The evidence available (WD AGO Form 53-55 and SGO Hospital Admission
Cards) strongly supports that the FSM is authorized award of the Purple
Heart for a wound he sustained in May 1944.  Therefore, it would be
appropriate to provide the applicant the FSM's Purple Heart.

2.  It would be appropriate to correct the FSM's record to show award of
the Bronze Star Medal based on award of the CIB.

3.  It would also be appropriate to issue the applicant an order awarding
the FSM the Purple Heart for wounds suffered in combat in Italy in May
1944.

BOARD VOTE:

__YM____  __ML___  __RJW__  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:

      a.  Providing the applicant a DD Form 215 (Correction to DD Form 214)
showing award of the FSM's Bronze Star Medal based on award of the Combat
Infantryman Badge;

      b.  Issuing a order awarding the FSM the Purple Heart for wounds
received in combat in Italy in May 1944; and

      c.  Issuing the applicant the Purple Heart for wounds the FSM
sustained in May 1944.



                 Yolanda Maldonado
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103886                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041216                                |
|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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