RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050007253


      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. Maria C. Sanchez              |     |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 that his records be corrected to show two awards
of the Purple Heart.

2.  The applicant states, that back in 1945, he was wounded twice, once in
Okinawa and once in Saipan.  The applicant continues that even though his
wounds in Saipan were minor, his commissioned officer sent him to a medical
unit to be treated.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted
Records and Report of Separation – Honorable Discharge), dated 11 August
1945; a three-page letter, dated 3 March 2005; a copy of Torney General
Hospital [Palm Springs, CA] General Orders Number 59, dated 8 November
1945; a Western Union telegram, dated 20 June 1945; and a Xeroxed copy of a
ribbon with an oak leaf cluster attached.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 August 1945, the date of his separation.  The application
submitted in this case is dated 30 April 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, the
applicant submitted sufficient documentation for the Board to conduct a
fair and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he was inducted on 22 June 1944
and was assigned to Company I of the 382nd Infantry Regiment.  This form
also shows the applicant was honorably discharged on 11 August 1945.
5.  The WD AGO Form 53-55 further shows that the applicant departed on
9 February 1945 for Hawaii and arrived there on 14 February 1945.  This
form also shows that he later served in Okinawa and returned to the United
States on 17 May 1945.  Item 31 (Military Qualification and Date) of this
form shows he was awarded the Combat Infantryman Badge.

6.  The applicant's WD AGO Form 53-55 does not show award of the Purple
Heart.  Item 34 (Wounds Received in Action) of this form shows the
following entry, "Okinawa  May 1945."

7.  The applicant submitted a copy of a Western Union telegram, dated 20
June 1945, which informed his wife that he was slightly wounded in Okinawa
on 15 May 1945.

8.  The applicant submitted a copy of Torney General Hospital General
Orders Number 59, dated 8 November 1945, which awarded the applicant the
Purple Heart for wounds received as a result of enemy action on 11 February
1945 in Okinawa.

9.  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.  The regulation also states that
for each subsequent award of the Purple Heart, an Oak Leaf Cluster will be
awarded for wear on the medal or ribbon.

10.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his WD AGO Form 53-55.

11.  The applicant's WD AGO Form 53-55 does not show award of the Bronze
Star Medal based on award of the Combat Infantryman Badge, the Asiatic-
Pacific Campaign Medal, and the World War II Victory Medal.

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-
Pacific Theater of Operations between 7 December 1941 and 2 March 1946.
Qualifying service for this award includes permanent assignment in the
theater, service in a passenger or a temporary duty status for 30
consecutive or 60 nonconsecutive days, or active combat against the enemy
and awarded a combat decoration or furnished a certificate by the
commanding general of a corps or higher unit showing actual participation
in combat.

14.  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.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to the 382nd Infantry Regiment, the unit was cited for award of
the Philippine Presidential Unit Citation for actions during the period 17
October 1944 through 4 July 1945 by Department of the Army General Orders
Number 47, dated 1950.

16.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55
do not contain any entries.

17.  Department of the Army Pamphlet 672-1 also lists campaign credit for
units serving in World War II.  This document shows that, at the time of
the applicant’s assignment to the 382nd Infantry Regiment, it received
credit for the Leyte and Ryukyus campaigns.

19.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation, in DA Pamphlet 672-1, or in item 32 of WD
AGO Form 53-55 and states that authorized bronze service stars will be worn
on the Asiatic-Pacific Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he
was wounded twice, thereby entitling him to two awards of the Purple Heart.

2.  General Orders awarded the applicant the Purple Heart for wounds
received on 11 February 1945.  Evidence also shows the applicant was
wounded a second time on 15 May 1945 as a result of hostile action while
serving on Okinawa.  Therefore, his records should be corrected to show
award of the Purple Heart with one Oak Leaf Cluster.

3.  Based on the award of the Combat Infantryman Badge during World War II,
the applicant is entitled to the award of the Bronze Star Medal; therefore,
his records should be corrected to show this decoration.

4.  Records show the applicant served in the Asiatic-Pacific Theater;
therefore, his records should be corrected to show award of the Asiatic-
Pacific Campaign Medal.

5.  Records show the applicant served during a qualifying period for award
of the World War II Victory Medal.  Therefore, he is entitled to correction
of his records to show this award.

6.  Records show the unit to which the applicant was assigned was awarded
the Philippine Presidential Unit Citation; therefore, his records should be
corrected to show this foreign unit award.

7.  Department of the Army Pamphlet 672-1 also shows that the applicant's
unit participated in the Leyte and Ryukyus campaigns; therefore, he is
entitled to correction to his records to show credit for these campaigns.

8.  Regulation states that bronze service stars will be affixed the
appropriate service medal to show campaign participation; therefore, the
applicant is also entitled to two bronze service stars to be affixed to his
Asiatic-Pacific Campaign Medal.

9.  Records show the applicant should have discovered the error or
injustice now under consideration on 11 August 1945, the date of his
separation from active duty.  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:

__LMD___  __SK_ _  __MHM__  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:

      a.  by awarding the applicant the Purple Heart with one Oak Leaf
Cluster for wounds received on 11 February 1945 and on 15 May 1945;


      b.  by showing award of the Bronze Star Medal based on award of the
Combat Infantryman Badge; the Asiatic-Pacific Campaign Medal; the World War
II Victory Medal; and the Philippine Presidential Unit Citation; and


      c.  by showing campaign credit for the Leyte and Ryukyus campaigns,
and based on this correction, awarding two bronze service stars to be
affixed to his Asiatic-Pacific Campaign Medal.




                                 __Stanley Kelley___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007253                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1. 61    |107.0015/PH (two awards)                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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