RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 March 2007
      DOCKET NUMBER:  AR20060011154


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas M. Ray                 |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. James R. Hastie               |     |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, the
Driver and Mechanic Badge with Driver-W bar, the Bronze Star Medal, and a
medal for using a bulldozer to dig shallow graves to bury Army dead on
Leyte Island, Philippines.

2.  The applicant states that he was not interrogated when he got
discharged.  In a 13 June 2002 letter, the applicant stated he has/had
shrapnel in his nose, problems with toenail fungus, an injured back,
hearing and teeth problems, and malaria.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 August 1945.  The application submitted in this case
is dated      1 June 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 requested correction of his records to show he was
awarded the Bronze Star Medal and an unspecified medal for “using a
bulldozer to dig shallow graves.”  The applicant may request award of the
Bronze Star Medal and the unspecified medal under the provisions of Section
1130 of Title 10, United States Code.  The applicant has been notified by
separate correspondence of the procedures for applying for this decoration
under Section 1130 and, as a result, it will not be discussed further in
this Record of Proceedings.

5.  The applicant enlisted in the Army on 1 March 1941.  He arrived in
Hawaii    on 26 April 1941.  On an unknown date, he departed for other
areas in the Asiatic-Pacific Theater of Operations.  He departed the
theater on 31 December 1944.

6.  A WD AGO Form 100 (Army Separation Qualification Record) shows the
applicant performed duties as a light/heavy truck driver for three years
and operated a wide variety of Army motor vehicles.  It also shows he
carried an Army Motor Vehicle Operator Permit.

7.  The applicant separated on 25 August 1945.  His WD AGO Form 53-55
(Enlisted Record and Report of Separation) shows his organization as
Battery A, 63rd Field Artillery Battalion.  It shows he was awarded the
Army Good Conduct Medal, the Philippine Liberation Ribbon with one bronze
service star, the American Defense Service Medal with one bronze service
star, and the Asiatic-Pacific Service Medal with three bronze service
stars.

8.  The applicant’s records contain one Office of The Surgeon General
Hospital Admission Cards, which shows he was hospitalized in May 1945 for
malaria.

9.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

10.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic
Badge.  To receive the award, the individual must qualify for and possess a
U.S. Government Motor Vehicles Operator’s Identification Card, occupy a
duty position with the title of driver or assistant driver for a minimum of
12 consecutive months or during 8000 miles have no Army motor vehicle
accident or traffic violation recorded on the Equipment Operator’s
Qualification Record, and must perform satisfactorily for a minimum of one
year as an active qualified driver instructor or motor vehicle driver
examiner.  A Driver-W component bar is authorized for wheeled vehicles.

11.  Army Regulation 600-8-22 provides for award of the World War II
Victory Medal for service between 7 December 1941 and 31 December 1946,
both dates inclusive.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during World War II.  This document shows that the 63rd Field
Artillery Battalion, 24th Infantry Division was cited for award of the
Philippine Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant did not provide
evidence to show he was wounded in action and treated for such wounds.
Regrettably, there is insufficient evidence on which to base award of the
Purple Heart.

2.  The applicant requested award of the Driver and Mechanic Badge with
Driver-W bar.  There are no orders available that show he was awarded this
badge.  However, his WD AGO Form 100 shows he performed duties as a
light/heavy truck driver for three years.  It also shows he carried an Army
Motor Vehicle Operator Permit.  This document is accepted as sufficient
evidence to show he met the eligibility criteria for award of the Driver
and Mechanic Badge with Driver-W bar.

3.  The applicant met the eligibility criteria for award of the World War
II Victory Medal.  He was assigned to a unit that was cited for award of
the Philippine Presidential Unit Citation.  These awards should be added to
his WD AGO Form 53-55.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 August 1945; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           1 January 1950 (one year after the Board was
established on 2 January 1947).  The applicant did not file within the 3-
year statute of limitations; however, there is compelling evidence to show
that it would be in the interest of justice to excuse failure to timely
file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__tmr___  __jcr___  __jrh___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the WD AGO Form 53-55 of the
individual concerned be corrected by adding award of the Driver and
Mechanic Badge with Driver-W bar, the World War II Victory Medal, and the
Philippine Presidential Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                                  __Thomas M. Ray_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011154                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070301                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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