BOARD DATE: 11 February 2014 DOCKET NUMBER: AR20130011434 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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Purple Heart. 2. The applicant states he was wounded but the award is not shown on his WD AGO Form 53-55. 3. The applicant provides a WD AGO Form 53-55. 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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based on the applicant's WD AGO  Form 53-55. 3. His WD AGO Form 53-55 shows: a. He was inducted into the Army of the United States on 13 February 1943. b. He was assigned to Company K, 106th Infantry. c. His military qualifications include the Combat Infantryman Badge. d. He served in the Asiatic - Pacific theater of operations from 1 October 1944 to 19 June 1945. e. He participated in the Ryukyus campaign. f. He was wounded in action on 20 April 1945. g. He was awarded or authorized the Asiatic - Pacific Campaign Medal and the American Theater Service Medal (now known as the American Campaign Medal), and the World War II Victory Medal. h. He was honorably discharged on 8 November 1945. 4. Army Regulation 600-8-22 (Military Awards) states: a. The Purple Heart is awarded for a wound sustained while in action against an enemy or 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. b. 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 Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. c. A bronze service star is authorized with the Asiatic - Pacific Campaign Medal for each campaign a member is credited with participating in. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his WD AGO Form 53-55 should be corrected to show the Purple Heart has been carefully considered. 2. His WD AGO Form 53-55 shows he was wounded in action on 20 April 1945. Therefore, he is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award. 3. Based on award of the Combat Infantryman Badge, the applicant met the eligibility criteria for award of the Bronze Star Medal. Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award. 4. He was awarded the Asiatic - Pacific Campaign Medal. However, he participated in one campaign during his service in the Asiatic - Pacific theater of operations. Therefore, he is authorized one bronze service star for wear on the Asiatic - Pacific Campaign Medal and correction of his WD AGO Form 53-55 to show this bronze service star. 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 by: a. awarding him the Purple Heart for wounds sustained on 20 April 1945; b. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; c. deleting the Asiatic - Pacific Campaign Medal from his WD AGO Form 53-55; and d. adding to his WD AGO Form 53-55 the Purple Heart, Bronze Star Medal, and the Asiatic - Pacific Campaign Medal with one bronze service star. _______ _X _______ ___ 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) AR20130011434 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130011434 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1