RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 September 2005
      DOCKET NUMBER:  AR20050002462


      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. John Meixell                  |     |Chairperson          |
|     |Mr. William Powers                |     |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 WD AGO Form 53-55 (Enlisted
Record and Report of Separation) to show award of the Purple Heart.

2.  The applicant states, in effect, he was issued a Purple Heart for
wounds received in action on 8 January 1945; however, his discharge
document does not show this award.  He contends his mother was informed by
a Western Union telegram.

3.  The applicant provides a Western Union telegram and a copy of his WD
AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 November 1945.  The application submitted in this case is
dated 2 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 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 2 April 1943 and entered active duty on
9 April 1943.  He served in the European Theater of Operations from
28 August 1944 through 28 October 1945 and was honorably discharged on
18 November 1945.

5.  Item 32 (Battles and Campaigns) on the applicant’s WD AGO Form 53-55
shows he participated in four battles and campaigns.  Item 33 (Decorations
and Citations) on his WD AGO Form 53-55 shows the Good Conduct Medal, the
World War II Victory Medal, the American Campaign Medal, and the European-
African-Middle Eastern Campaign Medal as authorized awards.  Item 34 on the
applicant’s WD AGO Form 53-55 shows the entry, “NONE.”

6.  The Medals, Decorations, and Citations section of the applicant's WD
AGO Form 24 (Service Record) shows Headquarters, 194th Glider Infantry
General Orders Number 3, dated 14 May 1945, awarded the applicant the
Purple Heart.

7.  In support of his claim, the applicant provided a Western Union
telegram, dated 8 March 1945, which states the applicant was slightly
injured in action on
8 January 1945 in Belgium.

8.  The applicant's WD AGO Form 24 also shows he was awarded the Expert
Infantryman Badge and the Glider Badge.

9.  The available records contain orders for the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of this regulation or listed in item 32 of the WD AGO Form 53-55.

11.  Army Regulation 600-45 (Decorations), effective 13 October 1949,
provided in pertinent part, that 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that orders for the Purple Heart were
published in 1945.  Therefore, items 33 and 34 on the applicant's WD AGO
Form 53-55 should be corrected to show he was awarded the Purple Heart for
wounds received in action on 8 January 1945 in Belgium.

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

3.  The applicant's service record shows he was awarded the Expert
Infantryman Badge and the Glider Badge.  Therefore, his WD AGO Form 53-55
should be corrected to show these badges.

4.  Orders show the applicant received the Combat Infantryman Badge.

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

6.  Records show the applicant should have discovered the alleged error now
under consideration on 18 November 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:

JM_____  WP_____  LO______  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 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 31 (Military Qualification and Date) on his WD AGO
Form 53-55 to show he was awarded the Combat Infantryman Badge, the Expert
Infantryman Badge, and the Glider Badge;

      b.  amending item 33 on his WD AGO Form 53-55 to show that he was
awarded the Purple Heart, the European-African-Middle Eastern Campaign
Medal with four bronze service stars, and the Bronze Star Medal (based on
award of the Combat Infantryman Badge);

         c.  deleting the entry, "NONE" in item 34 on his WD AGO Form 53-
55; and

         d.  adding the entry, "8 January 1945, Belgium" in item 34 on his
WD AGO Form 53-55.



            ____John Meixell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002462                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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