RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:
      DOCKET NUMBER:  AR20050009621


      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             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas H. Reichier            |     |Member               |
|     |Mr. Scott W. Faught               |     |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 he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded on Saipan, in
September 1944, while serving with Company G, 2nd Battalion, 165th Infantry
Regiment, 27th Infantry Division.  He was wounded but due to an
administrative oversight, he was not awarded the Purple Heart and he was
unable to find a witness.

3.  The applicant submitted a copy of his WD AGO Form 53-55, Enlisted
Record and Report of Separation – Honorable Discharge Certificate, a copy
of his honorable discharge certificate, and a copy of his WD AGO Form
100, Army Separation Qualification Record, in support of his request.

4.  In his application to the Board, the applicant stated he was providing
statements from two witnesses; however, these statements were not received
with the application and are not available for the Board's review.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 17 August 1945.  The application submitted in this case is
dated 30 March 2004; however, the application was not received for
processing until 29 June 2005.

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 limitation 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.  It is believed the applicant's military records were lost or destroyed
in the National Personnel Records Center fire of 1973.  Information herein
was obtained from reconstructed personnel records and information obtained
from alternate sources.

4.  The applicant's reconstructed military records show he enlisted in the
New York Army National Guard on 19 January 1940.  He entered service in
New York City,
New York, on 15 October 1940.  The applicant was awarded, and served in,
the military occupational specialty (MOS), 345 (Truckmaster).  The
applicant's WD AGO Form 100 shows he served in the MOS 745, as a rifleman,
for 1 year and 6 months before he was reclassified to truckmaster.  He
served as a truckmaster for two years and 3 months.

5.  The applicant was honorably separated from active duty, on 17 August
1945, under the provisions of Army Regulation (AR) 615-365, for the
convenience of the Government at demobilization.  He was separated in the
rank of Technician, Fifth Grade.  On the date he was separated, he had
completed 4 years, 10 months, and 3 days active military service and 8
months and 27 days service, not on active duty.

6.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-
55, shows he was awarded:  the American Defense Service Medal, the Asiatic-
Pacific Service Medal [correctly known as the Asiatic-Pacific Campaign
Medal], and the Good Conduct Medal.  The Purple Heart is not shown on the
applicant's WD AGO Form 53-55.

7.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form
53-55, shows he was awarded the Combat Infantryman Badge and the Expert
Marksmanship Qualification Badge, with Carbine Bar (M-1 Carbine).

8.  Item 32 (Battles and Campaigns), of the applicant's WD AGO Form 53-55,
shows the applicant participated in the Central Pacific and Western Pacific
campaigns of World War II.

9.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53-
55, shows the entry, "None."

10.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO From 53-55, shows the applicant served in the Western
Pacific Theater of Operation (WPTO) from 30 March 1942 to 18 July 1945.

11.  Item 37 (Total Length of Service), of the applicant's WD AGO From 53-
55, shows he served 1 year, 6 months, and 14 days continental service and 3
years, 3 months, and 19 days foreign service.

12.  A health record research project, commonly referred to as the "SGO
Files", involved transposing the hospital admission card data from the
periods of World
War II and the Korean conflict onto magnetic tape.  In 1988 the National
Research Council made these tape files available to the National Personnel
Records Center (NPRC).  The availability of the information to the NPRC
received considerable publicity by the various veterans' service
organizations.  It was widely believed that these tapes would become a
valuable substitute for the records lost in the NPRC fire of 1973.  It is
estimated that the SGO files document 95 percent of all hospitalized
battle casualties from World War II and the Korean War.  A search of these
files shows:  the applicant was hospitalized on 30 November 1944, in
a general hospital in the Central, South Pacific, and remained
hospitalized for 91 days.  The applicant was diagnosed with chronic
maxillary sinusitis.  The applicant was also diagnosed to have a secondary
diagnosis of deafness.

13.  AR 600-8-22 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) 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.

14.  AR 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.  Therefore, the Bronze Star Medal is to be awarded to
individuals who were authorized either badge for service during World War
II.

15.  The applicant's WD AGO Form 53-55 shows entitlement to the Asiatic-
Pacific Campaign Medal; however, it does not show the bronze service stars
to which the applicant is entitled for campaign participation.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Asiatic-Pacific Campaign
Medal.
17.  AR 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,
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.

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

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant provided none, to show he
received a wound as a result of hostile action.

2.  The evidence of record, a "SGO Files Report," shows the applicant was
hospitalized in the Central, South Pacific, for treatment of two diagnosed
illnesses.  The applicant was hospitalized for 91 days as a result of these
illnesses.

3.  No evidence was found to show the applicant was wounded in action
against the enemy.  The available evidence does not support award of the
Purple Heart to the applicant.  The applicant is therefore not entitled to
award of the Purple Heart and to have it added to his WD AGO Form 53-55.

4.  The applicant was awarded the Combat Infantryman Badge while he served
in World War II.  The applicant is therefore entitled to award of the
Bronze Star Medal based on the special provisions of the awards regulation
that considers award of the Combat Infantryman Badge a citation in orders.
He is entitled to have this award added to his WD AGO Form 53-55.

5.  The applicant was awarded the Asiatic-Pacific Campaign Medal; however,
he was not awarded the appropriate number of bronze service stars to denote
his
campaign participation credit.  He is entitled to award of two bronze
service stars to be affixed to his Asiatic-Pacific Campaign Medal and to
have these awards added to his WD AGO Form 53-55.

6.  The applicant served on active duty during the qualifying period for
award of the World War II Victory Medal.  He is therefore entitled to this
award and to have it added to his WD AGO Form 53-55.

7.  The applicant served in the American Theater of Operations for an
aggregate period of over one year during the qualifying period.  He is
therefore entitled to award of the American Campaign Medal and to have it
added to his WD AGO Form 53-55.

8.  Evidence shows that the applicant’s records contain 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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 August 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.
However, the applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse the failure to
timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__THR___  __SWF__  ___A___  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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  awarding the applicant the Bronze Star Medal, based on award of
the Combat Infantryman Badge, and adding this award to his WD AGO Form 53-
55;


      b.  awarding the applicant the World War II Victory Medal and the
American Campaign Medal and adding these awards to his WD AGO Form 53-55;
and


      c.  awarding the applicant two bronze service stars, to be affixed to
his already awarded Asiatic-Pacific Campaign Medal, to denote his campaign
participation credit, and adding these awards to his WD AGO Form 53-55.





                                  _____James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009621                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060307                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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