IN THE CASE OF:	  

		BOARD DATE:	        25 AUGUST 2009

		DOCKET NUMBER:  AR20090005216 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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 not awarded the Purple Heart for the wounds that he sustained on 16 June 1944.  The applicant adds that he did not realize that the Purple Heart was not annotated on his discharge document until recently.

3.  The applicant provides a WD AGO Form 55 (Enlisted Record and Report of Separation - Honorable Discharge) as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's WD AGO Form 55 shows he was inducted into the Army of the United States on 20 February 1943.  The applicant held the rank of private first class (PFC) and the military occupational specialty of Rifleman on the date of his separation.  The applicant was honorably discharged on 28 November 1944, at the Kennedy General Hospital located in Memphis, Tennessee, after comple-ting a total of 1 year, 9 months, and 9 days of active military service.

3.  The applicant's WD AGO Form 55 shows he was assigned to Company F of the 475th Infantry Regiment and that he served in India from 25 May 1944 to 3 October 1944.  This form also shows he was awarded the Asiatic-Pacific Campaign Medal with one Bronze Service Star.  This form does not show award of the Purple Heart.

4.  The applicant's WD AGO Form 55 shows he sustained a gunshot wound to his brain as a result of an enemy action on 16 June 1944 in the vicinity of Myitkyina, Burma.

5.  The United States Army, Surgeon General's Office, Hospitalization File Listing for the year 1944 shows the applicant was hospitalized on one occasion.  On 16 June 1944, he was admitted to a General Hospital, located in the Asiatic Area, for treatment of a bullet wound in the Parietal lobe of his brain.  The file shows the applicant was wounded in the line of duty during battle.  The applicant remained in the hospital for a period of 165 days.

6.  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 by medical personnel, 
and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

7.  War Department Circular 269-1943 established the Combat Infantryman Badge (CIB) and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  The Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) has advised in similar cases that, during World War II, the 
CIB 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)

8.  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 CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded to all Soldiers who served on active duty between 7 December 1941 and 31 December 1946, both dates inclusive.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart due to wounds he received as the direct result of a hostile action was carefully considered and determined to have merit.

2.  The applicant's WD AGO Form 55 shows he sustained a wound as a result of hostile action while serving in the vicinity of Myitkyina, Burma, on 16 June 1944.  This entry is further corroborated by the Surgeon General's Hospitalization File Listing for the year 1944.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

3.  Evidence shows the applicant served as an infantryman in combat action against an enemy force while serving with an infantry unit of brigade, regimental or smaller size.  Therefore, he is entitled to award of the CIB.

4.  An award of the CIB is considered to be a citation in orders.  The Bronze Star Medal is to be awarded to individuals who were authorized the CIB for service during World War II.  Therefore, the applicant is entitled to award of the Bronze Star Medal based upon his award of the CIB.

5.  Evidence shows the applicant served a qualifying period of service in a designated area of eligibility for award of the American Campaign Medal.  Therefore, the applicant is entitled to have his records corrected to show this award.

6.  Evidence shows the applicant served a qualifying period of service in a designated area of eligibility for award of the World War II Victory Medal.  Therefore, the applicant is entitled to have his records corrected to show this award.

BOARD VOTE:

____X____  ___X_____  _____X___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show:

	a.  award of the Purple Heart for wounds sustained as the result of a hostile act on 16 June 1944 while he was serving in the vicinity of Myitkyina, Burma;

	b.  the Combat Infantryman Badge;

	c.  the Bronze Star Medal;

	d.  the American Campaign Medal; and 

	e.  the World War II Victory Medal.



      _______ _   _XXX______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20090005216





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005216



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1