RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060003799


      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             |
|     |Ms. Wanda Waller                  |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that he was assigned to Company A,
130th Infantry Regiment of the 33rd Infantry Division in the Asiatic-
Pacific Theater of Operations and that he was wounded from a mortar attack
on or about
11/12 April 1945.  He contends that several nurses removed shrapnel from
his leg and buttocks and informed him that he would get a Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 January 1946.  The application submitted in this case is dated 2 March
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 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.  The applicant was inducted on 27 May 1943 and entered active duty on
3 June 1943.  He served in the Asiatic-Pacific Theater of Operations from
20 December 1943 until approximately 27 December 1945 and was honorably
discharged on 6 January 1946.

5.  Item 32 (Battles and Campaigns) on the applicant’s WD AGO Form 53-55
shows he participated in three battles and campaigns.  His WD AGO Form 53-
55 shows the Asiatic-Pacific Campaign Medal, the Philippine Liberation
Ribbon with one bronze service star, the Good Conduct Medal, four awards of
the Overseas Service Bar, and the World War II Victory Medal as authorized
awards.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows
the entry, “NONE.”  His WD AGO Form 53-55 also shows he received the Combat
Infantryman Badge.

6.  There is no evidence in the available records that shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

7.  A Company Morning Report (Company A, 130th Infantry Regiment), dated
15 April 1945, shows the applicant went from duty status to sick status.  A
Company Morning Report (Company A, 130th Infantry Regiment), dated 21 April
1945, shows the applicant was released from the 92nd Evacuation hospital
and reassigned.  A document from the 92nd Evacuation hospital, dated 21
April 1945, shows that the applicant was hospitalized for psychoneurosis
mixed and listed as a non-battle patient.

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

9.  Army Regulation 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.

10.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he was wounded from a mortar
attack on or about 11/12 April 1945, medical evidence of record shows that
he was hospitalized on 15 April 1945 and listed as a non-battle patient.
There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action during World
War II.  Regrettably, there is insufficient evidence on which to award the
Purple Heart in this case.

2.  Based on award of the Combat Infantryman Badge, the applicant is
entitled to award of the Bronze Star Medal.

3.  The applicant participated in three battles and campaigns in the
Asiatic-Pacific Theater of Operations during World War II which entitles
him to the Asiatic-Pacific Campaign Medal with three bronze service stars.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 6 January 1946; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  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.

5.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA_____  _ML_____  _TR_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned
to show that he was awarded the Bronze Star Medal (based on award of the
Combat Infantryman Badge) and the Asiatic-Pacific Campaign Medal with three
bronze service stars.



                                  __James Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003799                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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