RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         24 FEBRUARY 2005
      DOCKET NUMBER:  AR20040005085


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Jonathon Rost                 |     |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 award of a second Purple Heart.

2.  The applicant states he is receiving an 80 percent service connected
disability rating from the Department of Veterans Affairs "due to [his]
head injury."  A statement provided in support of the applicant's request
notes that the applicant sustained a severe concussion blast from German
artillery on 18 June 1944.

3.  The applicant provides no evidence, beyond the letter of support
mentioned in the preceding paragraph.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 October 1945.  The application submitted in this case
is dated
27 July 2004.

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 complete military records were not available to the
Board for review.  A fire destroyed approximately 18 million service
members’ records at the National Personnel Records Center in 1973.  The
applicant’s file was partially destroyed in that fire.  However, there were
sufficient documents remaining for the Board to conduct a fair and
impartial review of this case.

4.  The applicant's separation document indicates that he served on active
duty between 11 December 1942 and 16 October 1945.  He was in the European
Theater of Operations between May 1943 and August 1945.  His separation
document does note that he was awarded one Purple Heart for a wound
sustained on 23 July 1943 in Italy.  The separation document also indicates
that the applicant was awarded the Combat Infantryman Badge.

5.  The limited medical records available to the Board, which are partially
charred but readable, note medical treatment for malaria and an
appendicitis, but no combat incurred wounds.

6.  The statement submitted in support of the applicant's request was
authored by an individual who was with the applicant "during the assault on
Normandy."  He stated that both he and the applicant "suffered a severe
concussion blast from German artillery" and that while he was returned to
England the applicant stayed behind and received treatment in France.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the
Bronze Star Medal is to be awarded to individuals who were authorized the
Combat Infantryman Badge or the Combat Medical Badge for service during
World War II.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal (WWII Victory Medal).  It is awarded for service
between
7 December 1941 and 31 December 1946, both dates inclusive.


DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no medical evidence which confirms that the
applicant was wounded as a result of hostile action on 18 June 1944 or that
if he were wounded that he received treatment from a medical officer;
primary requirements for award of the Purple Heart.  In the absence of such
medical evidence, the statement render by the applicant's fellow Soldier is
insufficient on which to base an award of the Purple Heart.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.




3.  Records show the applicant should have discovered the error or
injustice now under consideration on 16 October 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  Therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___YM __  ___RW  _  ___JR  __  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 to show
entitlement to the Bronze Star Medal as a conversion award based on his
Combat Infantryman Badge and the World War II Victory Medal.




                                  ___ Yolanda Maldonado___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005085                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050224                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]