RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050002221


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry Olson                   |     |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 discharge document to show two
awards of the Purple Heart.

2.  The applicant states that he received his Purple Heart 56 years late
and this needs to be corrected for Department of Veterans Affairs purposes.
 He states that both Purple Hearts need to be recorded on his separation
document.

3.  The applicant provides a copy of his Honorable Discharge Certificate; a
letter from the U.S. Army Human Resources Command, Military Awards Branch;
his Purple Heart award certificate; his orders awarding him the Purple
Heart; a DD Form 215 (Correction to DD Form 214); and his WD AGO Form 53-55
(Enlisted Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 October 1946.  The application submitted in this case is
dated 11 February 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.

4.  The applicant was inducted into the Army on 7 June 1943 and entered
active duty on 21 June 1943.  His WD AGO Form 53-55 shows his branch of
service as Infantry and shows he held military occupational specialty (MOS)
745 (Rifleman). He was assigned to Company C, 13th Infantry in the European-
African-Middle Eastern Theater of Operations on 23 August 1944.
5.  Headquarters, 8th Infantry Division, General Orders Number 37 dated
     18 February 1945 awarded the applicant the Purple Heart for wounds
received in action on 29 November 1944 in the vicinity of _ _ _ _ _,
Germany.

6.  The applicant's WD AGO Form 38 (Report of Physical Examination of
Enlisted Personnel Prior to Discharge, Release from Active Duty or
Retirement) dated 17 September 1946 shows he was wounded in action as a
result of a gunshot wound to his left ear and head in November 1944.  This
medical document shows he was treated at the 48th Field Hospital in
Germany.

7.  His WD AGO Form 38 shows he had a concussion and injured his back in
November 1944.  This medical document indicates that there was no
unconsciousness and he had no treatment at a hospital.  There is no
evidence available which indicates this injury was the result of hostile
action.

8.  The applicant was honorably discharged on 5 October 1946.  His WD AGO
Form 53-55 shows the European-African-Middle Eastern Campaign Medal, the
American Theater Campaign Medal and the World War II Victory Medal as
authorized awards.

9.  Item 32 (Battles and Campaigns) shows he received campaign credit for
participation in the Northern France and Rhineland campaigns.

10.  In a 17 November 2004 letter from the Military Awards Branch, the
applicant was informed that a review of historical records for the 8th
Infantry Division found General Order Number 37 dated 28 February 1945
awarding him the Purple Heart for injuries received on 29 November 1944.
The Military Awards Branch also informed him that their office was unable
to verify a second award of the Purple Heart.

11.  The applicant was issued a DD Form 215 on 17 November 2004 which added
award of the Purple Heart to item 33 (Decorations and Citations) and added
the entry "29 NOVEMBER 1944//NOTHING FOLLOWS" to item 34 (Wounds Received
in Action) on his WD AGO Form 53-55.

12.  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.  The bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which is the Purple Heart.
13.  Army Regulation 600-8-22 also 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.

14.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Combat Infantryman Badge was awarded for
exemplary conduct in action against the enemy.  War Department Circular 186-
1944 further provided that the Combat Infantryman Badge was to be awarded
only to infantrymen serving with infantry units of brigade, regimental or
smaller size.  The Awards Branch, U.S Army Human Resources Command (USAHRC)
has advised in similar cases that, during World War II, the Combat
Infantryman Badge was normally awarded only to enlisted individuals who
served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

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

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded on 29 November
1944 as a result of hostile action.  He was awarded the Purple Heart for
those wounds and it was added to his WD AGO Form 53-55.
2.  The applicant's Report of Physical Examination of Enlisted Personnel
Prior to Discharge, Release from Active Duty or Retirement indicates he
sustained a concussion and injured back.  However, this medical document
does not verify that these injuries were the result of hostile action.  In
addition, the Military Awards Branch review of historical Army records
failed to show he was awarded a second award of the Purple Heart.

3.  There is no evidence which indicates the applicant was wounded a second
time as a result of hostile action.  Therefore, there is insufficient
evidence on which to base a second award of the Purple Heart in this case.

4.  The applicant received campaign credit for participation in the
Northern France and Rhineland campaigns.  Therefore, it would be
appropriate to amend his records to show two bronze service stars for wear
on his European-African-Middle Eastern Campaign Medal.

5.  The applicant's WD AGO Form 53-55 shows he was an infantryman, held
infantry MOS 745 and was assigned to an infantry unit during combat in the
European-African-Middle Eastern Theater of Operations.  Therefore, he has
met the requirements for award of the Combat Infantryman Badge.

6.  Based on award of the Combat Infantryman Badge, the applicant is also
entitled to award of the Bronze Star Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 October 1946, the date of his
discharge from active duty.  The ABCMR was not established until 2 January
1947.  As a result, 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

WP______  JM______  LO______  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 adding the European-
African-Middle Eastern Campaign Medal with two bronze service stars, the
Combat Infantryman Badge, and the Bronze Star Medal to 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
a second award of the Purple Heart.




                            William Powers________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002221                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.00015                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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