RECORD OF PROCEEDINGS


           IN THE CASE OF:

      BOARD DATE:            23 MARCH 2006
      DOCKET NUMBER:   AR20050006891


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Jeffrey Parsons               |     |Member               |
|     |Mr. Edward Montgomery             |     |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 that he be awarded the Purple Heart and the
Bronze Star Medal (BSM).

2.  The applicant states that he was injured on Okinawa in 1944 by a
Japanese phosphorous grenade that hit him on the hand and artillery
shrapnel that hit him in the back.  He goes on to state that he should have
received service-connected disability for his elbow, which was injured
while on a transport ship.  He further states that he was awarded the
Combat Infantryman Badge (CIB) and believes that he should have been
awarded the BSM.

3.  The applicant provides a copy of his report of separation (WD AGO Form
  53-55).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 December 1945.  The application submitted in this case was
received on 4 May 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.

4.  He was born on 16 January 1922 and was inducted on 26 February 1943.
He entered active duty at Camp Shelby, Mississippi, on 5 March 1943.  He
completed his training as an infantry machine gunner and departed for the
Asiatic-Pacific Theater of Operations (APTO) on 26 July 1943.

5.  Information obtained from the hospital admission cards created by the
Department of the Army, Office of the Surgeon General for the period from
1942 to 1945, indicates that in June 1944, the applicant was treated for a
wound infection, trivial, not elsewhere classified and a traumatism, not
elsewhere classified.  The causative agent was listed as “Athletics and
sports, other”.  He was immediately returned to duty and was not deemed a
combat injury.

6.  He participated in the Aleutian Islands, Eastern Mandates, Philippine
Islands and Ryukyus campaigns.  He was promoted to the rank of technical
sergeant (T/Sgt), grade 2 and was assigned as a heavy weapons platoon
sergeant.

7.  He returned to the Continental United States on 29 November 1945 and
was honorably discharged at Camp Shelby on 14 December 1945.  He had served
2 years, 7 months and 9 days of total active service and was awarded the
CIB, the APTO Campaign Medal, the Philippine Liberation Ribbon, the Good
Conduct Medal, Bronze Arrowhead and World War II Victory Medal.

8.  His WD AGO 53-55 shows the entry “None” in block 34 under “Wounds
Received in Action.”

9.  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.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded/injured as a result of
enemy action has been noted.  However, he has failed to show through the
evidence submitted with his application or the evidence of record that he
was in fact wounded as a result of enemy action and that the
wounds/injuries were treated by medical personnel and made a matter of
record at the time.  Therefore, absent such evidence, there appears to be
no basis to award him the Purple Heart at this time.

2.  However, the applicant was awarded the CIB and as a result, is
authorized to be awarded the BSM for meritorious service during World War
II.  Accordingly, it would be in the interest of justice to do so at this
time.

3.  The applicant’s contention that his elbow injury should have been
declared service-connected has also been noted; however, lacking evidence
to show that such was the case, there appears to be no basis for this Board
to declare his injury as service connected.  However, he is not precluded
from filing a claim with the Department of Veterans Affairs to have his
injury deemed service-connected.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JI ___  ___JP___  ___EM __  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 awarding him the BSM
for meritorious service during WWII and reflecting that award on his
records.

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 and designating his elbow injury as service-
connected.



                            ______John Infante_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006891                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060323                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451214                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |DEMOB                                   |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |60/BSM                                  |
|1.107.0014              |                                        |
|2.107.0015              |61/PH                                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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