RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            19 October 2006
      DOCKET NUMBER:   AR20060004945


      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:

|     |Ms. Melinda Darby                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 his records be corrected to
reflect his award of the Purple Heart and that he be issued all of his
medals.

2.  The applicant states, in effect, that he has made several attempts over
the years to obtain his license plates with the Purple Heart on it and has
been refused each time because the award of the Purple Heart that he
received in France in 1945 is not reflected on his report of separation (WD
AGO Form       53-55).

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 February 1946.  The application submitted in this case is
dated 28 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 and entered active duty in Monterey,
California, on 8 June 1944.  He completed his training and departed for the
European-African- Middle Eastern (EAME) theater of operations on 10
December 1944 for duty as a rifleman.

5.  His records show that he was awarded the Combat Infantryman Badge (CIB)
in February 1945 and that he was wounded in France on 2 February 1945.  He
was also awarded the Bronze Star Medal (BSM) on 10 May 1945,

6.  He departed the EAME Theater of Operations on 29 January 1946 and was
transferred to Camp Beale, California, where he was honorably discharged on
20 February 1946.  He had served 1 year, 8 months and 13 days of total
active service and his WD AGO Form 53-55 indicates that he was awarded the
CIB, the Distinguished Unit Badge (now known as the Presidential Unit
Citation), the BSM, the EAME Campaign Medal, the World War II (WWII)
Victory Medal, and the Good Conduct Medal.  He also participated in the
Rhineland and Central Europe Campaigns and is authorized to wear two bronze
service stars on his EAME Campaign Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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 (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.

DISCUSSION AND CONCLUSIONS:

1.  The available records clearly show that the applicant was wounded in
action in France on 2 February 1945.  Therefore, it is reasonable to
presume that he was awarded the Purple Heart as he contends and that the
omission of that award from his separation document was simply an
administrative oversight.  Accordingly, it would be in the interest of
justice to add the award of the Purple Heart to his records at this time.


2.  The available records also show that he was awarded the CIB and
therefore, he is entitled to a second award of the BSM (BSM w/1OLC) for
meritorious service during WWII while serving in the rank of private first
class (PFC).

3.  He also served in two campaigns and thus is entitled to be awarded two
bronze service stars for wear on his EAME Campaign Medal.

4.  Additionally, it would also be in the interest of justice to authorize
the issuance of medal sets for all of his authorized awards at this time.

5.  Records show the applicant should have discovered the error or
injustice now under consideration on 20 February 1946, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950. 

BOARD VOTE:

__MD___  ___JR  __  __RG___  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 his award of the Purple Heart,
by awarding him the BSM w/1OLC for meritorious service during WWII and two
bronze service stars and by authorizing him the issuance of medal sets for
all of his authorized awards.




                            ______Melinda Darby_____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060004945                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |(HD                                     |
|DATE OF DISCHARGE       |19460220                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |DEMOB                                   |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |60/BSM                                  |
|1.107.0014              |                                        |
|2.107.0015              |61/ph                                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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