RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060007921


      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:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. John Moeller                  |     |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 that he was wounded on Okinawa in the left hand
and chest in May or June 1945.  He contends that he was assigned to Company
A, 383rd Infantry Regiment of the 96th Infantry Division and was wounded
during the battle of Okinawa.  He states that he was first treated by a
medic in a field hospital, that his wound became infected, and that he was
sent to Guam for further medical treatment.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation); a WD AGO Form 100 (Separation Qualification
Record); five VA Forms 21-4138 (Department of Veterans Affairs Statement in
Support of Claim); a letter, dated 4 April 2003, from the National
Personnel Records Center in St. Louis, Missouri; a chronological statement
of his military assignments from 10 January 1945 to 13 July 1945; an
eyewitness statement; and a statement of support, dated 12 July 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 August 1946.  The application submitted in this case is
dated 23 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.  The applicant was inducted on 20 July 1944.  He served in the Asiatic-
Pacific Theater of Operations from 19 January 1945 through 27 July 1946 and
was honorably discharged on 20 August 1946.
5.  The applicant’s WD AGO Form 53-55 shows the Asiatic-Pacific Campaign
Medal with two bronze service stars, the Good Conduct Medal, three awards
of the Overseas Service Bar, the World War II Victory Medal, and the
Philippine Liberation Ribbon as authorized awards.  Item 34 (Wounds
Received in Action) on his WD AGO shows the entry, “None.”  His WD AGO Form
53-55 also shows that 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.  In support of his claim, the applicant provided an eyewitness statement
from a fellow Soldier at the time in question.  He attests that he and the
applicant were together from boot camp until they were discharged.  He
states that the applicant was wounded by shrapnel on 2 June 1945 and
sustained injuries to his left hand, chest, and stomach.

8.  The applicant also provided a statement from a fellow Soldier at the
time in question.  He attests that he and the applicant were inducted at
the same time, that they went to basic training together, that they were
sent overseas together, and that the applicant was assigned to Company A,
383rd Infantry Regiment of the 96th Infantry Division and he was assigned
to Company G, 383rd Infantry Regiment of the 96th Infantry Division in
Okinawa in 1945.  He states that they lost contact with each other after
they were separated in Okinawa and were reunited 54 years later.  He points
out that during their visit he found out that the applicant had been
wounded in Okinawa.

9.  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.

10.  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.
DISCUSSION AND CONCLUSIONS:

1.  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.  In the absence of orders or any other evidence which
shows the applicant was wounded or treated for wounds as a result of
hostile action, the eyewitness statement provided by the applicant is not
sufficient as a basis for an award of the Purple Heart.  Regrettably, there
is insufficient evidence on which to base award of 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.  Records show the applicant should have discovered the alleged error now
under consideration on 18 January 1946; 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.

4.  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

KN_____  _PS_____  _JM_____  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).



                                  __Kathleen Newman_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007921                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061219                                |
|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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