RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 May 2007
      DOCKET NUMBER:  AR20060014669


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Ms. Rose M. Lys                   |     |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 the organization listed in Item
6 (Organization) of his 16 October 1946 Separation Document
(WD AGO Form 53-55) be corrected and that he be awarded the Bronze Star
Medal (BSM).

2.  The applicant states, in effect, that at the time of his separation, he
requested that his separation document list the 96th Division as his
organization because that is the unit he served with in combat for the
majority of his combat service.  He further states that he was reassigned
to the 311th Medical Battalion, 86th Division to complete the time
necessary to qualify for movement to the United States.  He states that
while serving in the 96th Division, he was a messenger and ran messages
from Headquarters to the front lines.

3.  The applicant provides the following documents in support of his
application:  Separation Qualification Record (WD AGO Form 100); Newspaper
Article; Photograph; 96th Infantry Division Presidential Unit Citation
(PUC) Award Certificate; and Congressional Letter of Support.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 16 October 1946, the date of his separation.  The
application submitted in this case is dated 15 October 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.

4.  The applicant's case is being considered using documents in a
reconstructed record, which will allow for the Board to conduct a fair and
impartial review of this case.  This case is being considered using
reconstructed records that primarily consist of the applicant's WD AGO Form
53-55, WD AGO Form 100, Final Pay Worksheet (WD Form 372A), Office of The
Surgeon General (OTSG) Hospital Admission Record, and Unit History
documents.

5.  The applicant's WD AGO Form 53-55 shows that he was inducted into the
Army and entered active duty on 28 August 1944.  He departed the United
States for the Pacific Theater of Operations (PTO) on 18 February 1945 and
served there until returning to the United States on 12 August 1946.  Item
6 shows the applicant's unit as the 381st Infantry Regiment, which was an
assigned unit of the 96th Infantry Division.  Item 31 (Military
Qualifications) shows the applicant received the Combat Infantryman Badge
(CIB) on 22 May 1945, and Item 32 (Battles and Campaigns) shows that he
participated in the Ryukyus campaign.

6.  Item 33 (Awards and Decorations) of the applicant's WD AGO Form 53-55
shows that he earned the following awards during his active duty tenure:
Philippine Independence Ribbon; Asiatic-Pacific Campaign Medal; Philippine
Liberation Medal; Army Good Conduct Medal; Army of Occupation Medal; and
World War II Victory Medal.

7.  A Final Pay Worksheet (WD Form 372A) contained in the applicant's
National Personnel Records Center (NPRC) file shows he was receiving combat
infantryman pay.

8.  An OTSG Hospital Admission Record on file in the applicant's
reconstructed National Personnel Records Center (NPRC) record shows the
applicant was admitted to a medical treatment facility in the PTO on 16
June 1945, and was treated for a shrapnel wound to the knee.  This report
confirms the applicant was categorized as a battle casualty.

9.  The 96th Infantry Division was awarded the PUC in Department of the
Army General Order (DAGO) Number 29, dated 31 December 2001, for
extraordinary heroism in military operations against an armed enemy during
the period
1 April through 30 June 1945.

10.  Unit historical records confirm the 96th Infantry Division departed
the PTO on 17 January 1946.
11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's
awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining
to award of the PH.  It states, in pertinent part, that in order to award a
PH there must be evidence that the wound for which the award is being made
was received as a result of enemy action, the wound must have required
medical treatment and the medical treatment must have been made a matter of
official record.

12.  Chapter 3 of the awards regulation contains guidance on the BSM.
Paragraph 3-13d (2) states, in effect, that the BSM is authorized to
members of the Armed Forces of the United States who, after 6 December
1941, were cited in orders or awarded a certificate for exemplary conduct
in ground combat against an armed enemy between 7 December 1941 and 2
September 1945.  This paragraph also stipulates that for this purpose, an
award of the CIB is considered as a citation in orders.

13.  Paragraph 5-14 of the awards regulation contains guidance on the
Asiatic-Pacific Campaign Medal.  It states, in pertinent part, that a
bronze service star is authorized for each campaign a member participated
in while serving in the PTO.

14.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit (381st Infantry
Regiment, 96th Infantry Division) received the Philippine Presidential Unit
Citation and was credited with participating in the Leyte and Ryukyus
campaigns.

15.  Technical Manual 12-235, which prescribed the policy and procedure for
the preparation and distribution of separation documents during the period
in question, states that the last unit, or similar element to which the
individual was assigned, rather than the element of which he was part while
moving to a separation activity will be entered in Item 6 (Organization) of
the WD AGO Form 53-55.  It also notes that assignments to units for the
purpose of transfer from a theater to the United States is considered part
of the movement to a separation activity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55, which is his official separation
document, contains the entry 381st Infantry Regiment, which was in fact an
assigned unit of the 96th Infantry Division.  As a result, the applicant's
request that his separation document reflect his service in the 96th
Infantry Division was in fact honored at the time of his separation.
However, in order to lend clarity, it would be appropriate and serve the
interest of equity to amend this entry to read "381st Infantry Regiment,
96th Infantry Division".

2.  The evidence also confirms the applicant was awarded the CIB, for which
he received combat infantry pay, while serving in the PTO.  Therefore, he
is entitled to be awarded the CIB for his exemplary conduct in ground
during World War II, the applicant is entitled to be awarded the BSM, for
his exemplary conduct in ground combat against an armed enemy in the PTO
between 25 February 1945 and 2 September 1945.

3.  The evidence also confirms the applicant received a battle related
shrapnel wound, while serving in the PTO, and that he was admitted to a
military medical facility in the PTO and treated for this wound on 16 June
1945.  As  result, Item 34 (Wounds Received In Action) of his WD AGO Form
53-55 should be amended by deleting the current entry and replacing with
the entry "Wounded in Action (Shrapnel Wound Knee), Pacific Theater of
Operations, 16 June 1945", and he should be awarded the Purple Heart based
on having received this battle related wound.

4.  The evidence also confirms that during his assignment tenure, his unit
received the PUC and Philippine Presidential Unit Citation; and that it was
credited with participating in the Leyte and Ryukyus campaigns, which
entitles him to 2 bronze service stars with his Asiatic-Pacific Campaign
Medal.  Therefore, these awards should be added to the list of awards
contained in Item 33 of his WD AGO Form 53-55 and Item 32 should be amended
to add Leyte.

BOARD VOTE:

___RTD     __MJF __  __RML__  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.  awarding him the Purple Heart for being wounded in action in the
Pacific Theater of Operations on 16 June 1945, and the Bronze Star Medal
for his exemplary conduct in ground combat against an armed enemy in the
Pacific Theater of Operations between 25 February 1945 and 2 September
1945;

      b.  showing his entitlement to the Presidential Unit Citation,
Philippine Presidential Unit Citation, and 2 bronze service stars with his
Asiatic-Pacific Campaign Medal;

      d.  amending his WD AGO Form 53-55 as follows:  Item 6 - delete
current entry and replace it with the entry "381st Infantry Regiment, 96th
Infantry Division"; Item 32 - add Leyte; Item 33 - add the Bronze Star
Medal, Purple Heart, Presidential Unit Citation, Philippine Presidential
Unit Citation, and
2 bronze service stars to the Asiatic-Pacific Campaign Medal; Item 34 -
delete the current entry and replace it with the entry "Wounded in Action
(Shrapnel Wound Knee), Pacific Theater of Operations, 16 June 1945"; and

      e.  providing him a correction to his separation document that
includes these changes.




                            _____Richard T. Dunbar_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014669                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/10/16                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demob                                   |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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