RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         19 January 2006
      DOCKET NUMBER:  AR20050009240


      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. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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).

2.  The applicant states, in effect, he should have been awarded the PH for
being wounded in action in Myitkyina, Burma during World War II.

3.  The applicant provides the following documents in support of his
application:  Spouse Supporting Letter; Western Union telegram; Casualty
Message; Casualty Reports; Separation Document (WD AGO Form 53-55); and
Headquarters 475th Infantry General Orders Number 13, dated 31 December
1944.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 June 1945.  The application submitted in this case is
dated
15 June 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 record shows he was inducted into the Army and entered
active duty on 3 March 1943.  He served in military occupational specialty
(MOS) 745 (Rifleman), and the highest rank he attained while serving on
active duty was corporal (CPL).

4.  The applicant’s record further shows that he served in the Pacific
Theater of Operations (PTO) from 25 May 1944 through 17 March 1945, and
that he earned the following awards during his tenure on active duty:
Combat Infantryman Badge (CIB); Asiatic-Pacific Theater Campaign Medal with
1 bronze service star; and Expert Qualification Badge with Rifle Bar.

5.  The applicant’s record contains no derogatory information and there is
no documented record of a disqualification from any of the applicant's
active duty commanders that would have precluded him from receiving the
Army Good Conduct Medal (AGCM).

6.  The applicant's Military Personnel Record Jacket (MPRJ) contains a
Battle Casualty Message, dated 22 July 1944, issued by the Office of The
Adjutant General (OTAG), which shows he was slightly wounded in action on
14 June 1944.  There is also a Western Union Telegram on file, dated
26 July 1944, which shows he was slightly wounded in action in Myitkyina,
Burma on 14 June 1944.

7.  An Office of The Surgeon General (OTSG) Hospital Admission Record
pertaining to the applicant on file at the National Personnel Records
Center (NPRC) confirms he was admitted to a medical treatment facility in
the PTO in July 1944, and that he was treated for a fracture to his second
toe.  The OTSG reports confirm the wounds were battle related.

8.  On 26 June 1945, the applicant was honorably separated after completing
a total of 2 years and 4 months of active military service.  Item 34
(Wounds Received In Action) of the separation document (WD AGO Form 53-55)
he was issued at the time contains the entry “None”.

9.  The applicant provides a third-party letter from his spouse of 61 years
who confirms she received a telegram from the War Department informing her
that her husband had been wounded on June 14, 1944, while serving with
Merrill’s Marauders in the 475th Infantry.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 17
October 1977, confirms the responsible Department of the Army (DA) agency
authorized the issue of the Bronze Star Medal (BSM) to the applicant based
on the CIB.

11.  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.

12.  Paragraph 3-13d (2) of the awards regulation states, in effect, 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.

13.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

14.  Paragraph 5-11 of the same regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that it is authorized
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.

15.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  It confirms that during his
tenure of assignment, the applicant’s unit (475th Infantry Regiment) was
credited with participating in the Central Burma and India-Burma campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered
and found to have merit.  By regulation, in order to support award of the
PH, there must be evidence to show a member was wounded in action, was
treated for the wound and a record of this treatment must have been made a
matter of official record.

2.  In this case, the applicant’s record includes casualty reports and a
Western Union Telegram that confirmed he was wounded in action on 14 June
1944, while serving in Myitkyina, Burma.  The record also includes an OTSG
Hospital Admission Record that verifies he was treated for a battle related
injury in the PTO.  As a result, the regulatory burden of proof necessary
to support award of the PH has been satisfied in this case.

3.  Given that the record confirms the applicant was wounded in action on
14 June 1944, while serving in Myitkyina, Burma, it would be appropriate to
award him the PH at this time.  Further, Item 34 of his WD AGO Form 53-55
should be corrected by adding the PH to the list of awards contained in
Item 33 and by deleting the current entry in Item 34 and replacing it with
the entry
“WIA, 14 June 1944, Myitkyina, Burma”.

4.  The applicant’s record is void of any derogatory information or a
formal disqualification from any of the active duty unit commanders for
whom he served. As a result, it is concluded that he completed a period of
qualifying honorable active duty service from 24 February 1943 through 26
June 1945, which entitles him to receive the first award of the AGCM.

5.  The evidence also confirms that based on his having earned the CIB, the
applicant is entitled to the BSM, for his exemplary conduct in ground
combat against an armed enemy between 25 May 1944 and 17 March 1945, while
serving in the PTO.  His World War II service and campaign participation in
the PTO also entitles him to the World War II Victory Medal and 2 bronze
service stars with his Asiatic-Pacific Campaign Medal.  Thus, it would also
be appropriate to add these awards to his record and separation document at
this time.

BOARD VOTE:

___JI ___  ___WFC   __GJP___  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:

      a.  awarding him the Purple Heart, for wounds he received in action on

14 June 1944, while serving in Myitkyina, Burma;

      b.  awarding him the first award of the Army Good Conduct Medal, for
his qualifying honorable active duty service from 24 February 1943 through
26 June 1945;


      c.  showing his entitlement to the World War II Victory Medal and 2
bronze service stars with his Asiatic-Pacific Campaign Medal;


      d.  amending Item 32 to add Central Burma;


      e.  amending Item 33 of his WD AGO Form 53-55 by adding the Purple
Heart, Bronze Star Medal, Army Good Conduct Medal, and by deleting the
current portion of the entry pertaining to the Asiatic-Pacific Theater
Ribbon and
1 battle star and replacing it with the entry “Asiatic-Pacific Campaign
Medal with 2 bronze service stars;


      f.  amending Item 34 of his WD AGO Form 53-55 by deleting the current
entry and replacing it with the entry “WIA, 14 June 1944, Myitkyina,
Burma”; and


      g.  providing him a correction to his separation document that
includes these changes.




                            _____John Infante_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009240                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/19                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/06/26                              |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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