RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050000548


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Mr. Patrick McGann                |     |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 records of her brother, a deceased
former service member, be corrected to reflect award of the Bronze Star
Medal and any other decorations he may have been entitled too.  She also
states that she would like to receive a discharge for her brother.

2.  The applicant states that her brother was killed in action and that her
mother tried for years to secure the medals but was never successful.  She
states she was told by officials at the Department of Veterans Affairs that
her brother was entitled to a Purple Heart and to the Bronze Star Medal.
She notes her parents received the Purple Heart but not the Bronze Star
Medal.

3.  The applicant provides a newspaper photograph of her brother with the
notation that he had been killed in action on 28 May in New Guinea, letters
to her parents from military officials, and a copy of a certificate
certifying that her brother completed basic infantry training in December
1943 at Camp Fannin, Texas.  She also provides a copy of her birth
certificate as evidence of her relationship to the former service member.

CONSIDERATION OF EVIDENCE:

1.  Documents available to the Board indicate the former service member
entered active duty as an enlisted Soldier in July 1943.  He successfully
completed the basic infantry course at Camp Fannin, Texas in December 1943
and reported to an overseas replacement depot in January 1944.

2.  The service member was assigned as an infantryman with Company L, 162nd
Infantry.  The unit was credited with an assault landing on Biak Island,
New Guinea on 27 May 1944.  According to War Department casualty documents,
he was killed in action on 28 May 1944 and was serving in the grade of
private first class at the time.  His remains were never recovered.

3.  The Purple Heart was established by General George Washington at
Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was
reestablished by the President of the United States per War Department
General Orders Number 3 in 1932.  It was awarded in the name of the
President of the United States to any member of the Armed Forces or any
civilian national of the United States who, while serving under competent
authority in any capacity with one of the U.S. Armed Services after 5 April
1917, died or sustained wounds as a result of hostile action.

4.  Army Regulation 600-8-22 (Military Awards) 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.

5.  Army Regulation 600-8-22 (Military Awards) 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.  Therefore, the Bronze Star Medal
is to be awarded to individuals who were authorized either badge for
service during World War II.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service
in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2
March 1946.  One bronze service star is authorized for wear on this medal
to denote participation in a designated campaign and an arrowhead is
authorized for wear on the medal to denote participation in an assaulting
landing providing the unit to which the individual is assigned is credited
with an assault landing.  A review of Department of the Army Pamphlet 672-1
(Unit Citation and Campaign Participation Credit Register) notes the former
service member's unit (162nd Infantry) was participating in the New Guinea
Campaign at the time of his death in May 1944 and was also granted assault
credit on 27 May 1944 at Biak Island.

7.  Army Regulation 600-8-22 (Military Awards) 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.

8.  Army Regulations currently in effect and in effect at the time of the
former service member's death precluded the preparation of a discharge
document when the Soldier died in an active duty status.



DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board confirms that the applicant's
brother was killed in action on 28 May 1944 and as such, is entitled to an
award of the Purple Heart.

2.  The evidence also confirms that he was an infantryman, assigned to an
infantry unit.  His death as a result of hostile action is evidence of his
participation in ground combat.  He meets the requirements for award of the
Combat Infantryman Badge.  Based on his entitlement to the Combat
Infantryman Badge he would also be entitled to a Bronze Star Medal.

3.  His service in the Pacific Theater of Operations entitles him to the
Asiatic-Pacific Campaign Medal and the evidence confirms he would have
participated in one designated campaign and the assault landing on 27 May
1944.  He is therefore, also entitled to one bronze service star and an
arrowhead on his campaign medal.

4.  The former service member met the qualification requirements for award
of the World War II Victory Medal.  His records should be corrected to
reflect that decoration as well.

5.  Discharge documents are not prepared for service members who are killed
in action or die while on active duty.  As such, that portion of the
applicant's request cannot be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JH ___  __TO  ___  __PM___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected:

      a.  by confirming his entitlement to the Purple Heart;


      b.  by awarding him the Combat Infantryman Badge and the Bronze Star
Medal;


      c.  by showing that he was entitled to the Asiatic-Pacific Campaign
Medal with one bronze service star and an arrowhead; and


      d.  by showing he was entitled to the World War II Victory 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
issuance of a discharge document.




                                  ______ James Hise_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000548                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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