RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         29 November 2005
      DOCKET NUMBER:  AR20050006402


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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, that his deceased father, a former
service member (FSM), be awarded the Purple Heart (PH).

2.  The applicant states, in effect, that the FSM’s separation document (WD
AGO Form 53-55) contains the entry “AP Theater 24 Mar 44” in Item 34
(Wounds Received in Action), and that while the FSM was hospitalized for
his war wounds, the PH was awarded to him by a general officer (GO).  The
applicant claims the FSM was proud of the PH, but apparently never paid
attention to the omission of the award from his separation document.  The
applicant further states the FSM’s family would like the award added to the
FSM’s record so that they can have a standard Government marker from the VA
properly reflect the PH award.

3.  The applicant provides the FSM’s WD AGO Form 53-55 and Death
Certificate; and his Birth Certificate in support of the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 November 1945.  The application submitted in this case
is dated 29 November 2004.

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 FSM'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 (NPRC) in 1973.  It is believed his
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.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s WD AGO Form 53-55 and an Office of the Surgeon General (OTSG)
Hospital Admission Record for 1944.

4.  The FSM’s separation document shows he was inducted into the Army and
entered active duty on 29 December 1942.  He continuously served on active
duty for 2 years, 10 months, and 13 days until being honorably separated on

2 November 1945.  The WD AGO Form 53-55 also shows that he served in the
Pacific Theater of Operations (PTO) from 28 May 1943 until his return to
the United States on 23 October 1945.  It also shows that he participated
in the Northern Solomon's and Southern Philippines campaigns.

5.  Item 31 (Military Qualification and Date) of the FSM’s separation
document shows he received the Combat Infantryman Badge (CIB).  Item 33
(Decorations and Citations) shows he earned the Army Good Conduct Medal
(AGCM), Philippine Liberation Medal with 1 bronze service star, and Asiatic-
Pacific Campaign Medal with 3 bronze service stars during his active duty
tenure.  Item 34 (Wounds Received in Action) contains the entry “AP Theater
24 Mar 1944”; however, the PH is not included in the list of awards
included in Item 33.

6.  The FSM’s file contains an OTSG Hospital Admission Record for 1944.
This document confirms the FSM was admitted to a medical treatment facility
in the Central South Pacific in March 1944 and was treated for shrapnel
wound to the thigh he received from a hand-grenade blast.  The OTSG report
confirms the wound was battle related and that the FSM was hospitalized for
117 days.

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; this treatment must be supported by medical treatment records that
were made a matter of official record.

8.  Paragraph 3-13 of the awards regulation outlines the criteria for award
of the BSM.  It states, in pertinent part, that the BSM is authorized to
members of the Armed Forces of the United States who, after 6 December
1941, were cited in orders or awarded a certificate for exemplary conduct
in ground combat against an armed enemy between 7 December 1941 and 2
September 1945.  This paragraph also stipulates that for this purpose, an
award of the CIB is considered as a citation in orders.

9.  Paragraph 5-11 of the awards regulation contains guidance on award of
the World War II Victory Medal.  It states, in pertinent part, that it was
awarded for
service between 7 December 1941 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the FSM received a shrapnel wound to
the thigh while serving in the PTO on 24 March 1944, as evidenced by the
entry in Item 33 of his WD AGO Form 53-55.  This is corroborated by the
OTSG report showing he was treated for this combat related wound in a
military medical facility in March 1944, and that he was designated a
battle casualty.  Thus, the regulatory burden of proof necessary to support
award of the PH has been satisfied, and it would be appropriate to award
him the PH at this time.

2.  The evidence also confirms the FSM is entitled to the Bronze Star Medal
and World War II Victory Medal based on his World War II combat service.
Thus it would also be appropriate to add these awards to his separation
document at this time.

BOARD VOTE:

___SK __  ___MHM_  __LMD__  GRANT FULL 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, for
wounds received in action in the PTO on 24 March 1944, and the Bronze Star
Medal; by showing he is entitled to the World War II Victory Medal; and by
providing him a correction to his separation document that includes these
changes.




                            _____Stanley Kelley________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006402                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/02                              |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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