RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20050000221


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. 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 correction of his records to show award of the
Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal, and the
World War II Victory Medal.

2.  The applicant states, in effect, that he served in World War II and was
wounded in combat.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge) and a copy of an Honorable Discharge
Certificate, dated 19 May 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 May 1945.  The application submitted in this case is dated 5
January 2005.

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.  In addition, the
applicant's WD AGO Form 53-55 and Hospital Admission Cards from the Office
of The Surgeon General of the Army were available.

4.  The applicant's WD AGO Form 53-55 shows he was inducted and entered
active duty on 3 December 1943.  The applicant arrived in the European
theater of operations on 25 August 1944 assigned to K Company, 60th
Infantry Regiment, 9th Infantry Division.  He departed the European theater
of operations on 8 January 1945 after participating in two campaigns.  He
was honorably discharged with a certificate of disability on 19 May 1945.

5. Item 31 (Military Qualification and Date) shows Marksman Marksmanship
Qualification Badge (Rifle) 11 February 1944 and Expert Marksmanship
Qualification Badge (Rifle) 7 July 1945.

6.  Item 33 (Decorations and Citations) shows the applicant was awarded the
European-African-Middle Eastern Theater Campaign Medal with 1 bronze
service star.  Item 55 (Remarks) shows that the applicant was paid combat
infantry pay for the period 13 September 1944 through 19 May 1945.

7.  A WD Form Number 370 (Final Statement), dated 19 May 1945, shows that
the applicant was due combat infantry pay from period 13 September 1944
through 19 May 1945.

8.  There are no orders in the applicant's service personnel records
awarding him the Combat Infantryman Badge or Bronze Star Medal.

9.  The applicant'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 on 11 October 1944 for
psychoneurosis anxiety [a neurosis based on emotional conflict in which an
impulse that has been blocked seeks expression in a disguised response or
symptom] and a lipoma [wart] on his shoulder.

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

11.  Army Regulation 600-8-22 (Military Award) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.

12.  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.

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze
service star, based on qualifying service, for each campaign listed in
Appendix B of this regulation or listed in item 32 (Battles and Campaigns)
of the WD AGO Form
53-55.  The regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal including the European-
African-Middle Eastern Campaign Medal.

15.  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 applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows he
was wounded or treated for wounds as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, there is insufficient
basis for award of the Purple Heart in this case.

3.  There are no orders in the applicant's service personnel records that
show he was awarded the Combat Infantryman Badge.  However, the applicant's
WD AGO Form 53-55 and WD Form 370 verified he received combat infantryman
pay from 13 September 1944 through 19 May 1945 while serving as an
infantryman in an infantry unit while engaged with enemy forces.

4.  The Board accepts the verification from the WD AGO Form 53-55 and WD
Form 370 as sufficient to show the applicant is eligible for award of the
Combat Infantryman Badge and therefore the Bronze Star Medal.


5.  The applicant met the eligibility criteria for award of the World War
II Victory Medal and two bronze service stars to be worn on his European-
African-Middle Eastern Campaign Medal.  These awards should be added to his
WD AGO Form 53-55.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 May 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:

________  ________  ________  GRANT FULL RELIEF

__ WDP _  __ LCB  _  __ JBG  _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 Combat Infantryman Badge and the Bronze Star
Medal (based on award of the Combat Infantryman Badge); and

      b.  amending his WD AGO Form 53-55 to show award of the Combat
Infantryman Badge, the Bronze Star Medal (based on award of the Combat
Infantryman Badge), the World War II Victory Medal and two bronze service
stars to be worn on his European-African-Middle Eastern Campaign Medal.





2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                                  __ William D. Powers __
                                        CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000221                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |28 July 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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