RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060006576


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Robert Soniak                 |     |Member               |
|     |Mr. David Tucker                  |     |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, award of the Purple Heart and the
Combat Infantryman Badge.

2.  The applicant states, in effect, that in response to a request for
award of the Purple Heart the Military Awards Branch at the U.S. Total Army
Personnel Command notified him in writing in 2002 that he was treated for
an ulcer on his leg during World War II.  He contends that his leg got
infected from shrapnel from a Japanese grenade.  He states that over the
years he has had shrapnel removed from his right arm and he still has one
small piece in his right hand.  He further states that his discharge
document does not show the Purple Heart or the Combat Infantryman Badge but
does list wounds received in action as “one.”  He also states that items 40
(In your opinion will wound, injury, or disease result in Disability?
Ultimately Death?), 41 (In your opinion was wound, injury, or disease
incurred in line of duty?), and 42 (In your opinion does individual meet
physical and mental standards for discharge?) on his Report of Physical
Examination lists information on his wounds.

3.  The applicant provides a letter, dated 23 May 2002, from the Military
Awards Branch, U.S. Total Army Personnel Command; a Department of Veterans
Affairs Statement in Support of Claim, dated 20 August 1997; and 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 26 August 1945.  The application submitted in this case is
dated 24 April 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 March 1941.  Item 4 (Arm or Service)
on the applicant’s WD AGO Form 53-55 shows his branch of service was the
Medical Department.  Item 30 (Military Occupational Specialty (MOS) and
No.) on his WD AGO Form 53-55 shows the entry, “Truck Driver Light 345.”
He served in the Asiatic-Pacific Theater of Operations from 12 March 1942
through 16 November 1944 and was honorably discharged on 26 August 1945.

5.  The applicant’s WD AGO Form 100 (Separation Qualification Record) shows
he drove all types of military vehicles and hauled personnel, supplies and
equipment.  It also states that he performed maintenance on trucks.

6.  The applicant’s WD AGO Form 53-55 shows the Asiatic-Pacific Campaign
Medal with one bronze service star, the Good Conduct Medal, the American
Campaign Medal, five awards of the Overseas Service Bar, and one Service
Stripe as authorized awards.  Item 34 (Wounds Received in Action) on his WD
AGO shows the entry, “None.”

7.  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.

8.  A service medical record, dated 18 March 1944, shows the applicant was
diagnosed with an ulcer on his left leg, left wrist, and right forearm due
to an abrasion sustained while hooking up telephone line on approximately
18 February 1944 at Woodlark Island.

9.  The Office of The Surgeon General Hospital List shows the applicant was
hospitalized in March 1944 in New Guinea for wounds (friction burns) and
wound infection.  This list also states that it was a non-battle injury
occurring while on a work detail.

10.  Item 11 (List all significant diseases, wounds, and injuries) on the
applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted
Personnel Prior to Discharge, Release from Active Duty or Retirement),
dated 25 August 1945, shows the entries, “A.  Tropical ulcers 1st. Field
Hospital June 1944; New Guinea.” and “B.  Urethritis, Camp Forrest,
Tennessee, Station Hospital, July, 1941.”  Items 40 and 41 on this form
show the conditions listed in 11a and 11b were noted.  Item 42 on this form
shows the entry, “Yes.”

11.  There are no orders for the Combat Infantryman Badge in the available
records.

12.  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.

13.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The Combat Infantryman
Badge was awarded for exemplary conduct in action against the enemy.  War
Department Circular 186-1944 further provided that the Combat Infantryman
Badge was to be awarded only to infantrymen serving with infantry units of
brigade, regimental or smaller size.
Additionally, World War II holders of the Combat Infantryman Badge received
a monthly pay supplement known as combat infantry pay and holders of the
Expert Infantryman Badge were entitled to expert infantry pay.  Therefore,
Soldiers had economic as well as intangible reasons to ensure that their
records were correct. Thus, pay records are frequently the best available
source to verify entitlement to this award.  The Awards Branch, U.S. Army
Human Resources Command, has advised in similar cases that, during World
War II, the Combat Infantryman Badge was normally awarded only to enlisted
individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.   Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

14.  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 evidence of record does not support the applicant’s contention that
his discharge document shows the entry, “one” in item 34.  Item 34 on his
WD AGO Form 53-55 shows the entry, “None.”

2.  Although the applicant contends that his leg got infected from shrapnel
from a Japanese grenade, medical evidence of record shows his leg injury
was due to an abrasion sustained while hooking up telephone line and it was
a non-battle injury.  There is no evidence in the available records which
shows the applicant was wounded or injured as a result of hostile action
during World War II.  Regrettably, there is insufficient evidence on which
to base award of the Purple Heart in this case.

3.  The applicant's WD AGO Form 53-55 shows his MOS was 345 and his branch
of service was the Medical Department.  His WD AGO Form 100 shows that he
drove trucks hauling supplies and equipment and he performed maintenance on
the trucks.   There are no orders for the Combat Infantryman Badge.  There
is no evidence of record which shows he performed exemplary conduct in
action against the enemy while serving with an infantry unit of brigade,
regimental or smaller size during World War II.  Therefore, there is
insufficient evidence on which to base award of the Combat Infantryman
Badge in this case.

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 26 August 1945; therefore, the time for the
applicant to file a request for correction of any error 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.

6.  Evidence shows that the applicant’s records contain an administrative
error which does 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

JR_____  __RS___  __DT____  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 World War II Victory
Medal.



                                  ___Jeffrey Redmann____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006576                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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