RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050006532


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 award of the Purple Heart for her deceased
husband a former service member (FSM).

2.  The applicant states the FSM was wounded by enemy fire while in combat
in Manila.

3.  The applicant provides a Certification of Vital Record, a statement
from the FSM, a copy of documentation in support of a claim from the
Veterans Administration, a copy of the FSM's discharge certificate, a copy
of the FSM's Separation Qualification Record, and a copy of the FSM's WD
AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 November 1945, the date of FSM's honorable discharge.
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 records are not available 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 to conduct a fair
and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he was inducted in the U.S.
Army and entered active duty on 28 September 1945.  The applicant was
awarded a military occupational specialty (MOS) 657 (Litterbearer).

5.  This form also shows that he was assigned to Medical Detachment of the
126th Infantry Regiment of the 32nd Infantry Division at the time of his
honorable separation on 16 November 1945 and was awarded the Combat Medical
Badge.

6.  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 does not
show that the applicant was awarded the Purple Heart.

7.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 contains
the entry "None."

8.  The applicant provided a VA Form 21-4138, dated 24 December 1979.  This
form is the FSM's statement in support of a Veterans Administration claim.
The FSM stated he was released from Mitchell Convalescent Hospital on
16 November 1945 with service connected disability.  The FSM continued that
as time has gone by his condition has gotten worse and he had made several
visits to an orthopedic doctor because of the condition of his knee.

9.  The Veterans Administration claim documents contain several letters of
support which essentially state the FSM injured his knee while serving
overseas in the military.

10.  The applicant also provided a letter the FSM wrote to the U.S. Army
Reserve Personnel Center which stated that he was sent out to pick up
litters of injured soldiers when a "zero attacked."  The FSM stated that he
dropped the litter and rolled to avoid being hit.  The applicant argued
that he dislocated his right knee and was evacuated out of the area.

11.  There is no evidence in the available records which shows that the
applicant sustained injuries as a result of hostile action or that he was
treated for wounds sustained as a result of hostile action.

12.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been
made a matter of official record.

13.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his WD AGO Form 53-55.

14.  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.  The applicant's WD AGO 53-55 shows that he
was awarded the Combat Infantryman Badge.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the World War II Victory Medal.  The World War II
Victory Medal was established by the act of Congress on 6 July 1945.  It
was awarded for service between 7 December 1941 and 31 December 1946, both
dates inclusive.

16.  Army Regulation 600-65, in effect at the time of the FSM's service,
provided policy and criteria concerning service medals.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940, for
first award only or 1 year served entirely during the period 7 December
1941 to 2 March 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM is entitled to correction of his records
to show award of the Purple Heart because he was injured while serving in
combat in Manila.

2.  There is no evidence in the available records and the applicant has not
provided sufficient evidence which shows that he sustained injuries as a
result of hostile action or that he received treatment for injuries that
were sustained as a result of hostile action.  Based on the foregoing,
there is insufficient basis to grant the applicant's request for award of
the Purple Heart in this case.

3.  Evidence of record shows the applicant was awarded the Combat Medical
Badge.  Based on the award of the Combat Medical Badge, the applicant is
entitled to award of the Bronze Star Medal and correction of his records to
show award of this award.



4.  Records show that the applicant completed a qualifying period of
service between 7 December 1941 and 31 December 1946 for award of the World
War II Victory Medal.  Therefore, he is entitled to have his records
corrected to show award of the World War II Victory Medal.

5.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 16 November 1945, the date of his
separation from active duty.  However, 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 FSM and 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:

________  ________  ________  GRANT FULL RELIEF

_ MKP  _  _ LDS  __  __MJF  __  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 showing award of the
World War II Victory Medal, the Good Conduct Medal, and the Bronze Star
Medal.

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
award of the Purple Heart.



                                         M. K. Patterson__
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050005534                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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