RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            18 JULY 2006
      DOCKET NUMBER:   AR20050018208


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick Mcgann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 separation document (WD AGO Form 53-55)
be corrected to reflect his award of the Purple Heart, his wounds and his
award of the Bronze Star Medal (BSM).

2.  The applicant states, in effect, that his separation document does not
reflect his awards of the Purple Heart and the BSM and it does not reflect
his wounds.

3.  The applicant provides copies of documents showing he was awarded the
Purple Heart and the BSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 August 1945.  The application submitted in this case is
dated 13 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 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 inducted on 29 September 1943 at Fort Crook, Nebraska.  He
completed his training as a rifleman and was transferred to the European
Theater of Operations (ETO) on 11 April 1944.  He served in the Rome Arno,
Northern Appenines and Po Valley Campaigns.  He departed the ETO on 14 May
1945 and was transferred to Bushnell General Hospital in Utah, where he
remained until he was honorably discharged on 25 August 1945 with a
Certificate of Disability Discharge.  He had served 1 year, 10 months and
27 days of active service and the WD AGO Form 53-55 issued at the time of
his discharge shows that he was awarded the Combat Infantryman Badge (CIB),
the Good Conduct Medal, and the European-African-Middle Eastern Campaign
Ribbon with three bronze service stars.

5.  On 11 September 1959, the applicant was awarded the BSM for meritorious
service during World War II (WW II) based on his award of the  CIB.
However, there is no indication that it was ever added to his separation
document.

6.  On 9 February 1996, this Board approved his request to be awarded the
Purple Heart.  Orders were published and a Purple Heart was issued on 29
July 1996.  On 6 August 1996, the Army Review Boards Agency Support Branch
in St. Louis, Missouri issued a DD Form 215 (Correction to Certificate of
Release or Discharge from Active Duty) showing that he was awarded the
Purple Heart and listed his wound of 21 December 1944.

7.  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.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the Purple Heart and his
wound need to be added to his separation document has been noted and found
to be without merit.  This Board awarded him the Purple Heart in 1996 and
that award and the information pertaining to his wound were added to his
separation document in the form of a DD Form 215 issued on 6 August 1996.
Accordingly, there is no basis to issue another DD Form 215 to reflect that
information.

2.  However, the applicant was awarded the BSM in 1959 and that award was
never added to his records.  Accordingly, it would be in the interest of
justice to do so at this time.
3.  Additionally, the applicant is entitled to the award of the WW II
Victory Medal  and to have it added to his records as well.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LE __  ___PM __  ___EF __  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 WW II
Victory Medal and by adding that award and the award of the BSM to his
records as well.

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
adding the Purple Heart and his wound to his report of separation as it has
previously been accomplished by this Board in a previous application.




                            _____ Lester Echols_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018208                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19450825                                |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |(Certificate of Disability Discharge    |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |                                        |
|1.107.0015/61/PH        |                                        |
|2.107.0014/60BSM        |                                        |
|3.107.0066/112/WWII     |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]