RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050003333


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 records to show award of the
Purple Heart.

2.  The applicant states, in effect, that he was wounded on 28 January 1945
in Luxembourg.  He further states that he was discharged from the Army due
to his wounds and is currently receiving Veterans Affairs compensation for
his wounds.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 August 1945.  The application submitted in this case is dated
22 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.  In addition, the
applicant's WD AGO Form 53-55 is available.

4.  The applicant's WD AGO Form 53-55 shows he was inducted and entered
active duty on 3 April 1944.  He was awarded military occupational
specialty 746 (Automatic Rifleman) and assigned to the 304th Infantry
Regiment.  The applicant arrived in the European Theater of Operations on 4
December 1944 and departed on 16 May 1945 after participating in one
campaign.  He was honorably discharged with a certificate of disability on
6 August 1945.

5.  Item 31 (Military Qualification and Date) shows Sharpshooter
Marksmanship Qualification Badge (M-1 Rifle) 2 June 1944.
6.  Item 33 (Decorations and Citations) shows the applicant was awarded the
European-African-Middle Eastern Theater Campaign Medal with 1 bronze
service star.  Item 34 (Wounds Received in Action) shows the entry "28 Jan
45 Luxembourg."

7.  There are no orders in the applicant's service personnel records
awarding him the Combat Infantryman Badge or Bronze Star Medal.

8.  There are no General Orders in the applicant's records that show he was
awarded the Purple Heart.

9.  Army Regulation 600-8-22 (Military Award) 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.

10.  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.

11.  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.

12.  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.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart.  However, his WD AGO Form 53-55
shows he was wounded in action on 28 January 1945.  This evidence is
accepted as sufficient to show the applicant is eligible for award of the
Purple Heart for wounds sustained during hostile action on 28 January 1945
in the European Theater of Operations.

2.  There are no orders in the applicant's service personnel records that
show he was awarded the Combat Infantryman Badge.  However, the applicant's
WD AGO Form 53-55 shows he served as an infantryman in an infantry unit
while engaged with enemy forces.  The entry on his WD AGO Form 53-55
showing he was wounded in action is accepted as sufficient evidence to show
he actively participated in ground combat.

3.  The Board accepts the verification from the WD AGO Form 53-55 as
sufficient to show the applicant is eligible for award of the Combat
Infantryman Badge and therefore the Bronze Star Medal (based on award of
the Combat Infantryman Badge).

4.  Evidence of records shows that the applicant is eligible for award of
the World War II Victory Medal.  Therefore, the applicant's WD AGO Form 53-
55 should be amended to add this award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 August 1945.  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:

__MDM__  __LCB __  __ CD __  GRANT FULL RELIEF

________  ________  ________  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 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.  awarding him the Purple Heart for wounds received on 28 January
1945;

      b.  awarding him the Combat Infantryman Badge and the Bronze Star
Medal (based on award of the Combat Infantryman Badge); and

      c.  amending his WD AGO Form 53-55 to show award of the Purple Heart,
the Combat Infantryman Badge, the Bronze Star Medal (based on award of the
Combat Infantryman Badge), and the World War II Victory Medal.




                                  _____ Mark D. Manning ___

 CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050003333                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |4 October 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0111.0000                           |
|3.                      |107.0014.0000                           |
|4.                      |107.0066.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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