RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060002176


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 WD AGO Form 53-55 (Enlisted Record and
Report of Separation - Honorable Discharge) be corrected to show award of
the Purple Heart (PH).

2.  The applicant states that he was wounded in action, but was never
awarded the PH.

3.  The applicant provides a copy of a Western Union Telegram stating he
was wounded in Myitkyina, Burma on 14 June 1944, and a copy of his WD AGO
Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 July 1945, the date of his separation from active
duty.  The application submitted in this case is dated 5 January 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 are not available 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 to conduct a fair
and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army
of the United States on 19 February 1943.  Trained in MOS (military
occupational specialty) 745 (Rifleman), he was transferred to the China-
Burma-India Theater of Operations, arriving there on/about 25 May 1944.

5.  The applicant was assigned to the 5307th Composite Unit (Code Name
GALAHAD), commanded by Brigadier General Frank D. Merrill which became
known as "Merrill's Marauders."  On 17 May 1944, after a grueling 65-mile
march over the 6,000-foot Kumon Mountain range (using mules for carrying
supplies) the Marauders, along with several Chinese regiments, attacked the
Japanese at the Myitkyina Airfield.  Although the airfield fell quickly,
the town of Myityina [Kachin State, Northern Burma] could not immediately
be taken and the city was besieged.

6.  During the battle for Myitkyina, the applicant was seriously wounded in
action on 14 June 1944.  Myitkyina fell on/about 1 July 1944 and the war
ended for the Marauders.  Despite constant battles with the Japanese,
malaria, dysentery and scrub typhus, Merrill's Marauders fought their way
through 700 miles of Burmese jungle over seven months.  In August 1944,
what was left of Merrill's Marauders was consolidated with the 475th
Infantry.

7.  The applicant was returned to the United States on/about 24 December
1944. He was assigned to the Wakeman Convalescent Hospital, Camp Atterbury,
IN where, on 26 July 1945, he was honorably discharged with a Certificate
of Disability for Discharge.  His WD AGO Form 53-55 only shows he was
awarded the Combat Infantryman Badge, the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-1), and the Asiatic-Pacific Theater
Campaign Medal.  It does not show any battles and campaigns.  It does show
he was wounded in Burma on 14 June 1944.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides, in pertinent part:

      a.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations or requests for awards of the Purple Heart.

      b.  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 is considered to be a
citation in orders.  Therefore, the Bronze Star Medal is to be awarded to
individuals who were authorized the Combat Infantryman Badge for service
during World War II.

      c.  The American Campaign Medal is awarded for qualifying service in
the American Theater between 7 December 1941 and 2 March 1946.  Qualifying
service includes permanent assignment outside the Continental United
States, but within the American Theater of Operations between 7 December
1941 and
2 March  1946 under the following circumstances, duty as a crewmember
aboard a vessel sailing ocean waters for 30 consecutive or
60 nonconsecutive days, or duty outside the continental United States as a
passenger or in a temporary duty status for 30 consecutive or
60 nonconsecutive days, or active combat against the enemy and was awarded
a combat decoration or furnished a certificate by a corps commander or
higher; or, an aggregate service of 1 year within the Continental United
States during the same period.

      d.  The World War II Victory Medal is awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.

      e.  The Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency, and fidelity during a qualifying
period of active duty enlisted service.  The regulation states that, after
27 August 1940, 3 years of qualifying service was required for award of the
Good Conduct Medal, but during the World War II era, the first award could
be made based on 1 year of qualifying service provided that service
occurred between 7 December 1941 to 2 March 1946.

      f.  A bronze service star is authorized, based on qualifying service,
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards and campaign credits
received by units serving in World War II.  It shows the applicant's unit
received participation credit for the India-Burma Campaign, 2 April 1942-28
January 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled award of the Purple Heart.

2.  The applicant's WD AGO Form 53-55, and the Western Union Telegram shows
he was wounded in action on 14 June 1944.  This is sufficient evidence to
meet the criteria for award of the Purple Heart.  As a result, the
applicant is entitled to award of the Purple Heart for wounds sustained
while serving in the China-Burma-India Theater of Operations and correction
of his records to show this award.

3.  The applicant's WD AGO Form 53-55 shows he was award of the Combat
Infantryman Badge on 25 August 1944.  Therefore, he is entitled to
correction of his records to show award of the Bronze Star Medal.

4.  Records show the applicant is also entitled to several other
corrections to his WD AGO Form 53-55.  He served 1 year, 9 months, and 7
days within the Continental United States and is authorized the American
Campaign Medal.  He served honorably from 19 February 1943 to 26 July 1945
and is entitled to the Good Conduct Medal.  He is also entitled to award of
the World War II Victory Medal.  Therefore, he is entitled to correction of
his records to show these awards.  His record should be corrected to show
campaign participation credit for the India-Burma Campaign, and he is
entitled to a bronze service star for wear on his Asiatic-Pacific Campaign
Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 July 1945, the date of his
separation 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's 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:

__mjnt__  __cad___  __eem___  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:

      a.  Award of the Bronze Star Medal based on award of the Combat
Infantryman Badge;

      b.  Award of the Purple Heart for wounds sustained in the China-Burma-
India Theater of Operations on 14 June 1944;

      c.  Award of the Good Conduct Medal for the period 19 February 1943
to 26 July 1945;

      d.  Award of the World War II Victory Medal;

      e.  Campaign credit for the India-Burma Campaign; and

      f.  Award of a bronze service star for wear on his Asiatic-Pacific
Campaign Medal.



                                        Marla J. N. Troup
                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002176                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |107.0057                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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