RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 November 2005
      DOCKET NUMBER:  AR20050005334


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, award of the Purple Heart (PH) with
2nd Oak Leaf Cluster (OLC).

2.  The applicant states, in effect, that he never received the third award
of the PH to which he was entitled.

3.  The applicant provides a copy of the Company B, 30th Infantry
Regiment's Morning Report (WD AGO Form 1), dated 28 April 1944, and his
separation document (WD AGO Form 53-55) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on 3 August 1946.  The application submitted in this case is dated 30 March
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 record shows he was inducted into the Army of
the United States and entered active duty on 5 April 1943.  He was trained
in, awarded, and served in military occupational specialty (MOS) 502
(Administrative NCO).

4.  The applicant’s separation document shows that he served in the
European Theater of Operations (ETO) from 28 September 1943 through 21
August 1944, and that he was credited with participating in the Naples-
Foggia, Rome-Arno and Anzio campaigns of World War II.  It also shows that
during his active duty tenure he earned the PH with 1st OLC, Meritorious
Service Unit Insignia with Star, Bronze Arrowhead, World War II Victory
Medal, European African Middle Eastern Campaign Medal with 3 Bronze Service
Stars, Good Conduct Medal, Combat Infantryman Badge (CIB), and the American
Theater Ribbon during his active duty tenure.  Item 34 (Wounds Received in
Action) confirms that the applicant was wounded in action in the ETO on 19
April 1944 and 25 May 1944.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
company morning report that shows the applicant was lightly wounded in
action on 26 April 1944; however, the wound did not require the applicant
to be hospitalized.  The MPRJ is void of any orders indicating he was ever
awarded the PH with 2nd Oak Leaf Cluster based on this third wounding in
action.

6.  On 3 August 1946, the applicant was honorably separated after
completing a total of 3 years, 3 months, and 29 days of active military
service.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, and this treatment must have been made a matter of official
record.  Award of a second or subsequent awards of the PH are recognized by
an Oak Leaf Cluster.

8.  Paragraph 3-13 of the awards regulation states, in pertinent part, that
the Bronze Star Medal (BSM) is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
BSM 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
CIB is considered to be a citation in orders for this purpose.  This means,
in effect, that the BSM is to be awarded to individuals who earned the CIB
for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to a third award of the
PH has been carefully considered and found to have merit.  The evidence of
record confirms the applicant was awarded the PH with 1st Oak Leaf Cluster
for being wounded in action in the ETO on 19 April and 25 May 1944.  A unit
Morning Report, dated 28 April 1944, confirms the applicant was also
wounded in action on 26 April 1944, which corroborates his claim of
entitlement to the third award of the PH.  As a result, his records should
be corrected to show he is entitled to the PH with 2nd Oak Leaf Cluster,
for being wounded in action on 19 April, 26 April, and 25 May 1944.

2.  By regulation, members who earned the CIB during World War II are
entitled to the BSM.  In view of the fact the applicant earned the CIB
during World War II, he is also entitled to the BSM.  Therefore it would be
appropriate to add this award to his record at this time.

BOARD VOTE:

___SK __  ___DJA__  __DRT__  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 awarding him the Purple Heart with 2nd
Oak Leaf Cluster, for being wounded in action in the ETO on 19 April 1944,
26 April 1944, and 25 May 1944 and awarding him the Bronze Star Medal based
on his award of the CIB; by amending Item 34 (Wounds Received In Action) of
his WD AGO Form 53-55 to show he was wounded in action in the ETO on 19
April 1944, 26 April 1944 and 25 May 1944 and Item 33 by deleting the
current Purple Heart entry and replacing it with the entry “Purple Heart
2nd Oak Leaf Cluster” and adding the Bronze Star Medal; and by providing
him a correction to his separation document that includes these changes.




            ____Stanley Kelley______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005334                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/11/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |3 AUGUST 1946                           |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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