RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20050017338


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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:

      a.  Item 22 (Date of Induction); Item 24 (Date of Entry into Active
Service); Item 37 (Total Length of Service (Continental Service); and Item
43 (Longevity for Pay Purposes), of his WD AGO Form 53-55, Enlisted Record
and Report of Separation – Honorable Discharge, be corrected;

      b.  that he be awarded the Purple Heart and that Item 34 (Wounds
Received in Action), of his WD AGO Form 53-55, be corrected; and

      c.  that Item 11 (Place of Birth), of his WD AGO Form 53-55, be
corrected.

2.  The applicant states, in effect, that the errors result from the fact
that he entered service on his 18th birthday, 3 April 1943.  His papers
show induction as 16 September 1943.  The errors cause other data to be
incorrect.

3.  The applicant adds that he was shot in the upper right thigh during the
battle on Lone Tree Hill near Maffin Bay, New Guinea, on 22 June 1944.  The
bullet did not completely penetrate and he was able to pull it out and
continued bringing Soldiers down the hill.  He reinforced that he sustained
this wound in the attack noted in the article he submits in support of his
request and he never received the Purple Heart.

4.  In support of his application, the applicant submitted a copy of his WD
AGO Form 53-55; a copy of an article on the Sixth Infantry Division that
was reproduced from the St. Louis Post-Dispatch on or about 12 August [year
not shown]; a copy of a photograph with two Soldiers dressed in an Army
uniform, one identified to be the applicant; and a copy of an article
captioned, "Brother of Mary G******* Awarded Bronze Star Medal."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 8 January 1946, the date he was honorably
discharged.  The application submitted in this case is dated 30 November
2005, but was received for processing on 7 December 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 limitation 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from the applicant's report of physical examination and induction, an
assortment of Army medical records, the applicant's enlisted record and
report of separation, and from other official Army sources.

4.  Items 22, 25, and 24, of the applicant's WD AGO Form 53-55, show the
applicant was inducted on 16 September 1943 and entered service at Camp
Grant, Illinois, on 7 October 1943.

5.  D.S.S. [Department of Selective Service] Form 221, Report of Physical
Examination and Induction, which was completed on the applicant's
induction, shows, in Item 79, he was inducted for general military service
into the Army of the United States and transferred to the ERC (Enlisted
Reserved Corps), for active duty on 7 October 1943, at Camp Grant,
Illinois.

6.  Item 15 (Birthplace), of the D.S.S. Form 221, shows the applicant was
born in Sunnyside, Pennsylvania.  Item 16, of this same form shows he was
born on 3 April 1925.

7.  The applicant was honorably discharged, under the provision of Army
Regulation (AR) 615-365, for the convenience of the Government, at
Demobilization, in the grade of Private First Class on 8 January 1946.  On
the date of his discharge, the applicant had 7 months and 24 days
Continental service and 1 year, 9 months, and 8 days foreign service.  The
applicant had 2 years, 3 months and 23 days longevity for pay purposes.

8.  The applicant's WD AGO Form 53-55 shows, in Item 33 (Decorations and
Citations), that he was awarded:  three overseas service bars; the Asiatic
Pacific Theater Ribbon, with two bronze service stars, with bronze
arrowhead device;
the Philippine Liberation Ribbon, with one bronze service star; the Good
Conduct Medal; the Bronze Star Medal; and the World War II Victory Medal.
The Purple Heart is not shown among the applicant's authorized awards.

9.  The Bronze Star Medal now shown in Item 33, of the applicant's WD AGO
Form 53-55, was awarded by General Orders 33, Headquarters, 6th Infantry
Division, dated 22 August 1944.  The article the applicant submitted in
support of his request states the Bronze Star Medal was awarded the
applicant for heroic achievement in connection with military operations
against the enemy on Lone Tree Hill, near Maffin Bay, New Guinea, on 22
June 1944, in effect, the Bronze Star Medal, with "V" Device.

10.  Item 30 (Military Occupational Specialty and No.), of the applicant's
WD AGO Form 53-55, shows the applicant was an Automatic Rifleman, military
occupational specialty (MOS) 746, while he served on active duty.

11.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form 53-55, shows the applicant was awarded the Combat Infantryman Badge
and the Marksman Marksmanship Qualification Badge, with Rifle Bar.

12.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53-
55, shows the entry, "None."

13.  The applicant's WD AGO Form 53-55, shows no award of the Purple Heart
in block 33.  The separation document shows the entry, "None" in Block 34.
The applicant stated in his application to the Board that he received a
bullet wound to the upper right thigh.  He was able to pull it out and
continued to tend to other Soldiers, bringing them down the hill.

14.  A collection of fifteen medically related records and reports
completed during the period of the applicant's service are in the service
records which were not lost or destroyed in the St. Louis fire of 1973.
Review of these records failed to reveal any indication that he received
treatment for a wound or complications related to the alleged wound he
sustained.  These records show the applicant received treatment for a
variety of illnesses, to include:  nasopharyngitis, reaction to smallpox
vaccine, swollen adenoids, a slight cold for 2 days, and malaria,

15.  The applicant underwent a physical examination on 6 January 1946,
prior to his discharge from the Army.  Item 11, of the WD AGO Form 38,
Report of Physical Examination of Enlisted Personnel Prior to Discharge,
Release from
Active Duty or Retirement, which was completed through interview with the
examinee, and a physical examination, gives the following instruction,
"List all significant diseases, wounds, and injuries.  State circumstances
under which wounds or injuries were incurred and date of onset."  The
applicant responded only that he had an attack of malaria in June 1945.
The alleged wound he sustained was not mentioned at this examination.

16.  Item 36 (Service Outside Continental U.S. and Return) shows that the
applicant departed the United States on 20 March 1944 and arrived in the
Pacific Theater of Operations (PTO) on 14 April 1944.  The applicant
departed the PTO on 9 December 1945 and arrived in the United States on 27
December 1945.  While in the PTO, he served with Company K, 3rd Battalion,
20th Infantry Regiment, 6th Infantry Division.

17.  AR 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.

18.  AR 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.

19.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and
Campaign Participation Credit Register, shows that the applicant's unit,
the 20th Infantry Regiment, 6th Infantry Division, was awarded the
Philippine Republic Presidential Unit Citation, for the period October
1944 through 4 July 1945, by Department of the Army General Orders (DAGO)
Number 47 dated 1950.  The applicant's unit, Company K, 3rd Battalion,
20th Infantry Regiment, was awarded the Distinguished Unit Citation [now
known and hereafter referred to as the Presidential Unit Citation], for
the period 1 February through 8 February 1945 and for the period 21 June
through 25 June 1944, by War Department General Orders (WD GO) Number 90,
dated 1945 and WD GO 43, dated 1946, respectively.  These unit awards do
not appear on his WD AGO Form 53-55.

DISCUSSION/CONCLUSIONS:

1.  The evidence shows the applicant was born in Sunnyside, Pennsylvania,
on 3 April 1925.  Item 11, of the applicant's WD AGO Form 53-55, is
incorrect.  He is entitled to a correction to his WD AGO Form 53-55 to show
his correct place of birth.

2.  The evidence of record confirms that the applicant was inducted into
the Army of the United States on 16 September 1943 and entered active duty
at Camp Grant, Illinois, on 7 October 1943.  The applicant is therefore not
entitled to a correction to the dates shown in items 22 and 24, of his WD
AGO Form 53-55.

3.  Based on the evidence shown in the paragraph above, the applicant is
also not entitled to a correction of the time calculations - Total Length
of Service (Continental Service) and Longevity for Pay Purposes - shown in
items 37 and 43, of his WD AGO Form 53-55.

4.  The Purple Heart is awarded for a wound sustained as a result of
hostile action.  To be entitled to award of the Purple Heart,
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.

5.  The article submitted by the applicant in support of his request
contains no language suggesting he was wounded in the action which earned
him the Bronze Star Medal for heroic achievement.

6.  The applicant underwent a physical examination prior to his discharge
from the Army.  As part of this examination, he was instructed to give
information pertinent to all significant diseases, wounds, and injuries he
had experienced and to give the circumstances under which wounds or
injuries were incurred and the date of onset.  He had an opportunity at
this time to make it a matter of official record that he had been wounded
in action in the PTO.  During the examination, the applicant mentioned only
that he had suffered through an attack of malaria in June 1945.

7.  The medically-related records and reports on file in the applicant's
records show he sought and received medical attention for his medical needs
– needs from as simple as a cold of 2 days duration to a major medical
issue such as malaria.  The applicant, it is apparent, did not seek medical
treatment for the bullet wound he alleges to have received in combat
against the enemy or for any complications that may have resulted
thereafter.

8.  Assuming that the applicant received a bullet wound to the upper right
thigh, as he alleges, by his own admission, he took the bullet out himself
and it is apparent he did not seek medical attention; therefore, the
criteria for award of the Purple Heart was not met.  To be entitled to
award of the Purple Heart, the individual must have required treatment, and
the medical treatment must have been made a matter of official record.

9.  Based on the evidence, and in the absence of compelling evidence, that
he was wounded in action in the PTO, the applicant is not entitled to award
of the Purple Heart and to have it added to his WD AGO Form 53-55.

10.  The article submitted by the applicant is corroborated by the entry in
the applicant's WD AGO Form 53-55 showing he was awarded the Bronze Star
Medal; however, the entry does not show that it was awarded for heroic
achievement, in effect, with a "V" Device.

11.  The applicant was awarded the Combat Infantryman Badge in the PTO
during World War II.  Based on the special provisions of the awards
regulation that considers award of the Combat Infantryman Badge a citation
in orders, the applicant is therefore entitled to award of a second Bronze
Star Medal, in effect, in this case, the Bronze Star Medal, with oak leaf
cluster, and with "V" Device, and to have this award added to his WD AGO
Form 53-55.

12.  The applicant served with a unit, at the time it was awarded the
Presidential Unit Citation (two awards) and the Philippine Republic
Presidential Unit Citation.  He is therefore entitled to these unit awards
and to have them shown on his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__PMT__  __JBG___  __CLG  _  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:

      a.  correcting item 11, of the applicant's WD AGO Form 53-55, to show
he was born in Sunnyside, Pennsylvania;

      b.  deleting the Bronze Star Medal from the applicant's WD AGO Form
53-55;

      c.  awarding the applicant a second Bronze Star Medal, based on his
having been awarded the Combat Infantryman Badge during World War II, in
effect, in this case, awarding him the Bronze Star Medal, with oak leaf
cluster, and with "V" Device, and adding this award to his WD AGO Form 53-
55;

      d.  awarding the applicant the Presidential Unit Citation, with oak
leaf cluster, and the Philippine Republic Presidential Unit Citation and
adding these unit awards to his WD AGO Form 53-55.

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
the correction of Item 22 (Date of Induction); Item 24 (Date of Entry into
Active Service); Item 37 (Total Length of Service (Continental Service);
and Item 43 (Longevity for Pay Purposes), of the applicant's WD AGO Form
53-55, and so much of the application that pertains to awarding of the
Purple Heart to the applicant and its addition to his WD AGO Form 53-55




                            _____Curtis L. Greenway____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050017338                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.  1021                |100.0000                                |
|4.  3                   |100.0200                                |
|5.  9                   |100.0800                                |
|6.                      |                                        |


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