RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          30 August 2005
      DOCKET NUMBER:  AR20050001610


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard 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, three awards of the Purple Heart
(correctly known as Purple Heart with Second Oak Leaf Cluster); correction
of item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted
Record and Report of Separation) to show he was wounded three times; and
correction of item 41 (Service Schools Attended) on his WD AGO Form 53-55
to show he attended Washington State College.

2.  The applicant states, in effect, while a prisoner of war he was wounded
on three separate occasions (his train was hit by a bomb during an air raid
and he injured his back and shoulder; he was beaten by a German guard with
a rifle butt and he received cracked ribs; and during an air raid, while
working in a field putting up power transmission towers, he was hit in the
hand and shoulder by shrapnel from anti-aircraft guns which “rained” down
on him).  He also states that he attended the State College of Washington
as a Pre Cadet for ten weeks.

3.  The applicant provides a letter, dated 13 August 1992, from the U.S.
Army Reserve Personnel Center, St. Louis, Missouri; a Department of
Veterans Affairs (DVA) medical record, dated 4 March 2004; a WD AGO Form 53-
55; and a WD AGO Form 100 (Army Separation Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
6 September 1945.  The application submitted in this case is dated 24
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 applicant was inducted on 25 June 1943 and entered active duty on
9 July 1943.  He served in the European Theater of Operations from
15 December 1944 through 14 May 1945 and was honorably discharged on
6 September 1945.

5.  The applicant’s WD AGO Form 53-55 shows the European-African-Middle
Eastern Campaign Medal as an authorized award.  Item 32 (Battles and
Campaigns) on his WD AGO Form 53-55 shows that he participated in two
campaigns.  Items 34 and 41 on the applicant’s WD AGO Form 53-55 show the
entries, “None.”

6.  There is no evidence in the available records that shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

7.  In support of his claim for award of the Purple Heart, the applicant
provided a DVA medical record, dated 4 March 2004, which shows that he has
an old healed fracture deformity of the right first and second ribs and a
distortion of the right scapula which is stable compatible with an old
fracture.  However, there is no evidence that these fractures were the
result of hostile action during World War II.

8.  The service education/service school section on the applicant’s WD AGO
Form 100 shows he completed a 10-week Pre Cadet course at the State College
of Washington.

9.  The available records contain a letter, dated 19 May 1988, from the
Secretary of the Army which shows the applicant was awarded the Prisoner of
War Medal.

10.  Section 521a of the National Defense Authorization Act of 1996,
authorized award of the Purple Heart to any former prisoner of war who was
wounded before 25 April 1962 while held as a prisoner of war or while being
taken captive, in the same manner as a former prisoner of war who was
wounded on or after that date.  Section 521b specifically stated that award
of the Purple Heart for prisoners of war under Section 521a shall be made
in accordance with the standards in effect on the date of the enactment of
this Act to persons wounded on or after 25 April 1962.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Purple Heart.

12.  Department of the Army Technical Manual TM 12-235 (Discharge
Procedures and Preparation of Separation Forms) established the policies
and procedures for completion and distribution of the WD AGO Form 53-55
during World War II.  This regulation states that service schools completed
satisfactorily will be entered in item 41 of the WD AGO Form 53-55.

13.  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.

14.  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.  The DVA medical record provided by the applicant does not show how he
received his injuries.  There is no evidence in the available records which
shows that he was wounded or injured a result of hostile action during
World War II.  Regrettably, there is insufficient evidence on which to base
any award of the Purple Heart in this case.

2.  Since the applicant’s WD AGO Form 100 shows he completed a 10-week Pre
Cadet course at the State College of Washington which is shown in the
service education/service school section, it would be appropriate to
correct item 41 on his WD AGO Form 53-55 to show he attended this service
school.

3.  The applicant received the Prisoner of War Medal; therefore, his WD AGO
Form 53-55 should be corrected to show this medal.

4.  The applicant participated in two campaigns during World War II which
entitles him to award of the European-African-Middle Eastern Campaign Medal
with two bronze service stars.

5.  The applicant served a period of qualifying service for award of the
World War II Victory Medal.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 6 September 1945; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  Although the
applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the fact there is no
statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

PS_____  YM____  LH________  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.  amending item 33 (Decorations and Citations) on his WD AGO Form
53-55 to show he was awarded the Prisoner of War Medal, the European-
African-Middle Eastern Campaign Medal with two bronze service stars, and
the World War II Victory Medal;

      b.  deleting the entry, “None” in item 41 on his WD AGO Form 53-55;
and

      c.  adding the entry, “State College of Washington, Pre Cadet Course”
in item 41 on his WD AGO Form 53-55.


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
three awards of the Purple Heart and amendment of item 34 on his WD AGO
Form 53-55.




            __Paul Smith___________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001610                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |100.0000                                |
|3.                      |100.0700                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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