RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:    14 September 2006
      DOCKET NUMBER:  AR20060001722


      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. Eric N. Anderson              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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 the Purple Heart and the Bronze
Star Medal be added to his WD AGO Form 53-55, Enlisted Record and Report of
Separation – Honorable Discharge.

2.  The applicant states, in effect, that he was wounded in service and he
is in possession of the medal [the Purple Heart].  He adds that he received
the Bronze Star Medal with his name engraved on it and he feels in his
heart this should be corrected.

3.  The applicant submits a copy of his WD AGO Form 53-55 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 26 July 1946, the date of his discharge from active duty.  The
application submitted in this case is dated 13 December 2005, but was
received for processing on 2 February 2006.

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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from the applicant's enlisted record and report of separation and from
other official Army sources.

4.  The applicant was inducted on 19 October 1944 and entered service at
the Armed Forces Induction Station, New York City, New York, on the same
date.  The applicant was honorably discharged in the grade of Technician
Fifth Grade on 26 July 1946.
5.  The applicant's WD AGO Form 53-55, Enlisted Record and Report of
Separation, Honorable Discharge, shows, in Item 33 (Decorations and
Citations), that he was awarded the European-African-Middle Eastern
Campaign Medal; the Army of Occupation Medal, with Germany Clasp; the Good
Conduct Medal; and the World War II Victory Medal.  The Bronze Star Medal
and the Purple Heart are not shown on the applicant's WD AGO Form 53-55.

6.  Item 30 (Military Occupational Specialty and No.), of the applicant's
WD AGO Form 53-55, shows he held the MOS (military occupational specialty)
965 (Mechanic, Automotive, Wheel Vehicle (Third Echelon)) while he served
on active duty.

7.  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 [M-1 Rifle].
 Item 53 (Remarks), of the applicant's WD AGO Form 53-55, shows the
applicant was awarded the Expert Marksmanship Qualification Badge, with
Machinegun Bar [light machinegun].

8.  Item 32 (Battles and Campaigns), of the applicant's WD AGO Form 53-55,
shows that the applicant was given credit for participating in the Central
Europe campaign of World War II.

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

10.  A health record research project, commonly referred to as the "SGO
Files", involved transposing the hospital admission card data from the
periods of World War II and the Korean conflict onto magnetic tape.  In
1988 the National Research Council made these tape files available to the
National Personnel Records Center (NPRC).  The availability of the
information to the NPRC received considerable publicity by the various
veterans' service organizations.  It was widely believed that these tapes
would become a valuable substitute for the records lost in the NPRC fire
of 1973.  It is estimated that the SGO files document 95 percent of all
hospitalized battle casualties from World War II and the Korean War.  A
search of these files revealed that the applicant was diagnosed with
nasopharyngitis at Camp Croft, South Carolina, and was hospitalized at
that location for treatment in January 1945.  The applicant was
hospitalized for 7 days receiving treatment for this illness. An SGO file
reporting the applicant as wounded in action was not found in this
database.

11.  In his application to the Board, the applicant states he had
possession of the medal [the Purple Heart]; however, he provided no orders
to support his contention it was awarded to him.  The applicant added he
received the Bronze Star Medal with his name engraved on it.  There is no
documentary evidence he was awarded this medal either during or after
World War II.

12.  Item 36 (Service Outside Continental U.S. and Return) shows that the
applicant departed the United States on 15 March 1945 and arrived in the
European Theater of Operations (ETO) on 27 March 1945.  The applicant
departed the ETO on 4 August 1945 and arrived in the United States on
13 August 1945.

13.  The applicant's WD AGO Form 53-55 shows entitlement to the European-
African-Middle Eastern Campaign Medal; however, it does not show the
appropriate service star to which the applicant is entitled for his
campaign participation.

14.  Item 13 (Title – Description – Related Civilian Occupation) of the
applicant's WD AGO Form 100, Separation Qualification Record, shows the
applicant served with the 63rd Infantry during combat operations in the
ETO.  The inclusive period of his assignment to this unit cannot be
determined.

15.  Department of the Army Pamphlet (DA Pamphlet) 672-1, Unit Citation
and Campaign Participation Credit Register, dated 6 July 1961, shows that
the unit the applicant was assigned to, the 702nd Ordnance Light
Maintenance Company, was awarded the Meritorious Unit Commendation by
General Orders 62, Headquarters, 2nd Infantry Division, dated 23 May 1945.
 This unit award is not shown on the applicant's WD AGO Form 53-55.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the European-African-Middle
Eastern Campaign Medal.

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.  Army Regulation (AR) 600-8-22 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.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
provided to verify that the applicant was wounded as the result of hostile
action, the wound must have required medical treatment, and the medical
treatment must have been made a matter of official record.

2.  There is no evidence and the applicant provided none to show he was
wounded as a result of hostile action.  The applicant's records are void of
any indication he was wounded while he served in the ETO.

3.  In his application, the applicant stated that he had possession of the
medal; however, he did not provide the Board a copy of the award orders.

4.  A search of the "SGO Files" revealed that the applicant was diagnosed
with nasopharyngitis at Camp Croft, South Carolina, and was hospitalized at
that location for treatment in January 1945, prior to his departure for
duty in the ETO. No other hospital or medical treatment reports were
located.

5.  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 provided no orders awarding him the Purple Heart.  The
applicant authenticated the WD AGO Form 53-55 in his own hand and affixed
his thumb print in the appropriate space, on the date of his separation
from the Army, attesting that the information recorded on the form was, to
the best of his knowledge, accurate and complete.  He is therefore not
entitled to award of the Purple Heart and to have it added to his WD AGO
Form 53-55.
6.  Records show that the applicant was awarded the Combat Infantryman
Badge during World War II.  He is therefore entitled to award of the Bronze
Star Medal based on the special provisions of the awards regulation that
considers award of the Combat Infantryman Badge a citation in orders.  It
would be appropriate to award the applicant the Bronze Star Medal and to
add it to his WD AGO Form 53-55.

7.  The applicant was awarded the European-African-Middle Eastern
Campaign Medal for his service in the ETO.  The applicant served in one
campaign during World War II; however, he was not awarded the appropriate
service star to denote his campaign participation credit.  He is
therefore entitled to award of one bronze service star to be affixed to
his European-African-Middle Eastern Campaign Medal and to have this
bronze service star added to his WD AGO Form 53-55.

8.  The applicant served in a unit at the time it was cited for award of
the Meritorious Unit Commendation.  He is therefore entitled to this unit
award and to have it added to his WD AGO Form 53-55.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 July 1946, the date of his
discharge from active duty.  However, the ABCMR was not established until 2
January 1947.  As a result, 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 statute of
limitations, it is appropriate to waive failure to timely file based on the
fact there is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ROM _  _RML ___  ___ena__  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.  deleting the European-African-Middle Eastern Campaign Medal from
the applicant's WD AGO Form 53-55;

      b.  awarding the applicant the European-African-Middle Eastern
Campaign Medal, with one bronze service star, to correctly denote his
campaign participation credit and, adding this award to the applicant's WD
AGO Form 53-55;

      c.  awarding the applicant the Bronze Star Medal, based on his having
been awarded the Combat Infantryman Badge during World War II, and adding
this award to his WD AGO Form 53-55; and

      d.  awarding the applicant the Meritorious Unit Commendation and
adding this unit award 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
award of the Purple Heart and its addition to his WD AGO Form 53-55.




                            ______________________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001722                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060914                                |
|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.  60                  |107.0014                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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