RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050015375


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 WD AGO Form 53-55 (Enlisted
Record and Report of Separation Honorable Discharge) be corrected to show
award of two Purple Hearts.

2.  The applicant says his documentation is evidence to prove he was
awarded two Purple Hearts.

3.  The applicant provides a copy of his WD AGO Form 53-55 and 2 WD AGO
Forms 0707 (The Adjutant General’s Office, Decorations and Awards Branch,
Record of Award of Purple Heart).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 October 1945, the date of his discharge from active
duty.  The application submitted in this case is dated 11 October 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 records show that he entered active duty on 24
September 1940.  He completed basic combat training and advanced individual
training, and was awarded military occupational specialty 745 (Rifleman).
He served in the Philippine Islands during the period 20 October 1944 to 23
July 1945.

4.  His records show that he was honorably discharged from active duty on
2 October 1945 after serving 5 years and 8 days of active service.

5.  Item 32 (Decorations and Citations) of the applicant's WD AGO  
53-55 does not show the award of the Purple Heart with Oak Leaf Cluster.
However, it does show that the applicant was awarded the Combat Infantryman
Badge and Bronze Star Medal.


6.  WD AGO Form 0707 (Record of Award of the Purple Heart) shows that
Headquarters, 1st Cavalry Division General Orders Number 86, dated 25 May
1945 awarded the applicant the Purple Heart.

7.  WD AGO Form 0707 shows that Headquarters, 1st Cavalry Division General
Orders Number 142, dated 9 August 1945 awarded the applicant the Purple
Heart with Oak Leaf Cluster.

8.  Army Regulation 672-5-1 (Military Awards) paragraph 2-8b (1) provides,
in pertinent part, that the Purple Heart is authorized for the first wound
suffered under conditions indicated above, but for each subsequent award an
Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.  Not
more than one award will be made for more than one wound or injury received
at the same time or from the same missile, force, explosion, or agent.
This regulation also provides that there are no time limitations on
requests for award of the Purple Heart.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the first Oak Leaf Cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Bronze Star
Medal.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II.  This document shows the unit to which the applicant
was
assigned, Headquarters, 1st Cavalry Division, received the Philippines
Republic Presidential Unit Citation for actions during the period 17
October 1944 to 4 July 1945 based on War Department General Order 47, dated
1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his WD AGO Form 53-55 be corrected to show
the award of two Purple Hearts.

2.  Orders show the applicant was awarded the Purple Heart for wounds
received on 23 February 1945.  Orders also show that the applicant was
wounded on  
10 March 1945, and was awarded the Purple Heart with Oak Leaf Cluster.
Therefore, the applicant is entitled to correction of his records to show
the Purple Heart with Oak Leaf Cluster.

3.  Based on the award of the Combat Infantryman Badge, the applicant is
entitled to the award of the Bronze Star Medal with Oak leaf Cluster.

4.  The applicant is also entitled to the Philippines Republic Presidential
Unit Citation and the World War II Victory Medal.

5.  Records show the applicant should have discovered the error or
injustice now under consideration on 2 October 1945, the date of his
released 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
based on the fact there are no time limitations on requests for award of
the Purple Heart.

BOARD VOTE:

___bje___  ____dll__  ____jev__  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 showing the award of the Purple Heart
with Oak Leaf Cluster, Bronze Star Medal with Oak Leaf Cluster, World War
II Victory Medal and the Philippines Republic Presidential Unit Citation.




                            _________James E. Vick_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015375                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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