RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 November 2006
      DOCKET NUMBER:  AR20060006589


      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. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 53-98 (Military
Records and Report of Separation) to show award of the Purple Heart and all
awards and decorations to which he may be entitled.

2.  The applicant states, in effect, that he received an injury and the
Purple Heart while serving as an enlisted man during World War II.  He
contends that he was sworn in again as an officer and he wants his final
discharge document to reflect the Purple Heart and all of his awards.

3.  The applicant provides a WD AGO Form 100 (Separation Qualification
Record); a Western Union telegram, dated 19 December 1944; a letter, dated
24 April 2006, from the National Personnel Records Center in St. Louis,
Missouri; and a copy of his WD AGO Form 53-98.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
15 May 1946.  The application submitted in this case is dated 2 May 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.  Having prior enlisted service, the applicant was commissioned a second
lieutenant in the European Theater of Operations on 17 February 1945.  He
served as an infantry unit commander in the European Theater of Operations
until 15 July 1945.  On 15 May 1946, he was released from active duty.


5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of
Separation) is not available.

6.  The applicant’s WD AGO Form 53-98 shows the Bronze Star Medal, the
American Campaign Medal, the World War II Victory Medal, and the European-
African-Middle Eastern Campaign Medal as authorized awards.  Item 30
(Wounds Received in Action) on his WD AGO Form 53-98 shows the entry,
“None.”

7.  There are no orders for the Purple Heart in the available records.
However, the applicant provided a Western Union telegram, dated 19 December
1944, which states that he was slightly wounded in action on 27 November
1944 in France.

8.  In support of his claim, the applicant provided a WD AGO Form 100 which
states that he served as a technical sergeant with the 71st Infantry
Regiment of the 44th Infantry Division as a rifle platoon sergeant for 24
months.  This form also states, in effect, that his awards and decorations
included the Good Conduct Medal, the Purple Heart, the Bronze Star Medal
for heroic action during the Central Europe Campaign (22 March 1945 to 11
May 1945), the Combat Infantryman Badge, the European-African-Middle
Eastern Campaign Medal with three bronze service stars, the American
Campaign Medal, the Distinguished Unit Citation, the Army Occupation Medal
with Germany Clasp, and the World War II Victory Medal.

9.  Army Regulation 600-45 (Decorations), effective 13 October 1949,
provided in pertinent part, that 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 (Military Awards) provides, in pertinent
part, that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Bronze Star
Medal.

DISCUSSION AND CONCLUSIONS:

1.  The Western Union telegram which shows the applicant was slightly
wounded in action on 27 November 1944 in France is accepted as sufficient
evidence on which to amend his WD AGO Form 53-98 to show award of the
Purple Heart.  Therefore, items 29 (Decorations and Citations) and 30 on
his WD AGO Form 53-98 will be corrected.

2.  Although the applicant’s WD AGO Form 53-55 is not available, the
entries on his WD AGO Form 100 which show his awards and decorations
included the Good Conduct Medal, the Combat Infantryman Badge, the European-
African-Middle Eastern Campaign with three bronze stars, the Distinguished
Unit Citation, and the Army of Occupation Medal with Germany Clasp are
accepted as sufficient evidence on which to amend item 29 on his WD AGO
Form 53-98 to show these awards.

3.  The applicant received award of the Bronze Star Medal prior to his
release from active duty on 15 May 1946.  After his discharge from the
Army, he became entitled to a second award of the Bronze Star Medal based
on his award of the Combat Infantryman Badge during World War II.
Therefore, the applicant is entitled to two awards of the Bronze Star Medal
and correction of his records to show the Bronze Star Medal with First Oak
Leaf Cluster.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 15 May 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.

BOARD VOTE:

PM_____  _RS_____  _DH____  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.  deleting the entry, “Bronze Star Medal GO 142 Hq 44 Div 10 Jun
45” in item 29 on his WD AGO Form 53-98;

      b.  amending item 29 on his WD AGO Form 53-98 to add the Purple
Heart, the Good Conduct Medal, the Combat Infantryman Badge, the European-
African-Middle Eastern Campaign with three bronze stars, the Distinguished
Unit Citation, the Army of Occupation Medal with Germany Clasp, and the
Bronze Star Medal with First Oak Leaf Cluster;

      c.  deleting the entry in item 30 on his WD AGO Form 53-98; and

      d.  adding the entry, “27 November 1944, France” in item 30 on his WD
AGO Form 53-98.




                            _Patrick McGann_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006589                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061107                                |
|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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