RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 October 2005
      DOCKET NUMBER:  AR20050000544


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann Jr.         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 WD AGO Form 53-55 (Enlisted
Record and Report of Separation-Honorable Discharge) to show award of the
Purple Heart for wounds sustained in France on 27 September 1944.

2.  The applicant states that he was presented the Purple Heart by a
chaplain at the medical aid station but he never received orders announcing
the award; nor was it entered on his WD AGO Form 53-55.

3.  The applicant provides a certified copy of a Western Union telegram,
dated 19 October 1944.  The telegram, sent by the Adjutant General of the
Army, is addressed to the applicant’s mother and advises her that the
applicant was slightly wounded in action on 27 September 1944, in France.
In addition, the applicant provides a copy of Headquarters, 51st Armored
Infantry Battalion General Orders Number 2, dated 26 July 1944, citing the
applicant for exemplary conduct in action against the enemy and announcing
award of the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 13 January 1946.  The application submitted in this case is
dated 15 July 2003 and was received by the Board on 11 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 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 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 22 June
1943. He arrived in the European-African-Middle Eastern Theater of
Operations on 11 January 1944.  The applicant returned to the United States
and was honorably separated from the service on 13 January 1946, having
served with Company A, 51st Armored Infantry Battalion.  His WD AGO Form 53-
55 shows that he is entitled to the following awards: the European-African-
Middle Eastern Campaign Medal; the World War II Victory Medal; the Combat
Infantryman Badge; the Marksman Marksmanship Badge with Rifle Bar; and, the
Army Lapel Button.  His WD AGO 53-55 also shows that he participated in the
Normandy, Northern France, and Rhineland campaigns.

5.  Hospital admission cards of the Office of The Surgeon General, commonly
referred to as the "SGO Files,” show that the applicant was treated in
September of 1944 for penetrating wounds to the knee.  These files also
show that the wounds were a result of artillery shell fragments, were
incurred in the line of duty, and were battle related.

6.  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.

7.  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.

8.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  SGO File entries and the Western Union telegram provided by the
applicant show that he was wounded in France on 27 September 1944, as a
result of hostile action.  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 was awarded the Combat
Infantryman Badge and is entitled to the Bronze Star Medal.  Therefore, he
is entitled to correction of his records to show this decoration.

3.  Evidence of record shows that the applicant received the European-
African-Middle Eastern Campaign Medal and participated in three campaigns.
As a result, he is entitled to award of three bronze service stars, to be
affixed to the European-African-Middle Eastern Campaign Medal, and
correction of his records to show these appurtenances.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 January 1946.  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:

____cak__  ___phm_  ___tsk__  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing award of:

      a. the Purple Heart, for wounds sustained as a result of hostile
action, in France, on 27 September 1944;


      b. the Bronze Star Medal; and,


      c. three bronze service stars, to be affixed to the European-African-
Middle Eastern Campaign Medal.




            _________Ted S. Kanamine_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000544                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|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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