RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060004759


      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 L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 correction of his WD AGO Form 53-55 (Enlisted
Record and Report of Separation) to show award of the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart but it is not
listed on his discharge document.  He also states that his Combat
Infantryman Badge is not shown on his discharge document.

3.  The applicant provides two letters, dated 15 August 2003 and 26 August
2005, from the National Personnel Records Center, St. Louis, Missouri; an
Office of The Surgeon General Hospital List; a WD AGO Form 53-55; a Western
Union telegram, dated 14 August 1944; and numerous medical records from the
Department of Veterans Affairs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 November 1945.  The application submitted in this case is dated 3 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 29 December 1942 and entered active duty
on
6 January 1943.  He served in the European Theater of Operations from
approximately 23 May 1944 to around August 1945 and was honorably
discharged on 5 November 1945.

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 European-African-Middle Eastern Campaign Medal, the Good
Conduct Medal, and the American Campaign Medal as authorized awards.  Item
31 (Military Qualification and Date) on his WD AGO Form 53-55 shows the
Combat Infantryman Badge.  Item 34 (Wounds Received in Action) on his WD
AGO Form 53-55 is blank.

6.  There are no orders for the Purple Heart in the available records.
However, the Office of The Surgeon General Hospital List shows the
applicant was hospitalized in July 1944 in the United Kingdom as a battle
casualty (wounds to forearm).

7.  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.

8.  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.

9.  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.

10.  Army Regulation 600-8-22 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 medical evidence of record which shows the applicant was wounded as
a result of hostile action in July 1944 is accepted as sufficient evidence
on which to amend his WD AGO Form 53-55 to show award of the Purple Heart
in this case. Therefore, items 33 (Decorations and Citations) and 34 on his
WD AGO Form 53-55 will be corrected.
2.  Although the applicant contends that the Combat Infantryman Badge is
not listed on his WD AGO Form 53-55, item 31 on his WD AGO Form 53-55 shows
he received the Combat Infantryman Badge.  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 campaigns in the European Theater
of Operations which entitles him to the European-African-Middle Eastern
Campaign Medal with three bronze service stars.

4.  The applicant served a period of qualifying service for award of the
World War II Victory Medal.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 5 November 1945; 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.

BOARD VOTE:

JI______  __GP____  _KJ_____  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:

      a.  adding the entry, “July 1944, European Theater of Operations” in
item 34 on his WD AGO Form 53-55; and

      b.  amending item 33 on his WD AGO Form 53-55 to show that he was
awarded the Purple Heart, the Bronze Star Medal (based on award of the
Combat Infantryman Badge), the European-African-Middle Eastern Campaign
Medal with three bronze service stars, and the World War II Victory Medal.




                            __John Infante________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004759                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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