RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 March 2005
      DOCKET NUMBER:  AR20040001379


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 the award of the Purple Heart.

2.  The applicant states he was wounded in combat on the Siegfried Line and
it was never reported.  He states he was wounded while occupying a foxhole
on top of a hill in the vicinity of Echternach, Luxembourg.  He received
shrapnel in his back.  He was treated by the medics who told him he would
be entitled to the Purple Heart.  He told them not to bother because he did
not want his mother to know he was injured.  At the time, he was only 19
years old and he was not concerned about Purple Hearts, only surviving.  He
does not remember any of the names of the people who were with him at the
time to verify any of the information.  Additionally, he has been advised
his records were lost in the fire.

3.  The applicant provides a written statement regarding the circumstances
of his wounds, a copy of Guide to Writing for Your Medals, and a copy of
his separation document, dated 5 February 1946.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 February 1946.  The application submitted in this case
is dated
3 May 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 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.  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.  This case is
being considered using reconstructed records, which primarily consist of
the documents supplied by the applicant.

4.  On 23 November 1943, the applicant was inducted into the Army of the
United States.  He was honorably discharged on 5 February 1946.  His
separation document indicates he received the Combat Infantryman Badge, the
Good Conduct Medal, the American Theater Service Medal, the World War II
Victory Medal, and the European-African-Middle Eastern Theater Service
Medal with 3 bronze service stars.  Additionally, Item 34 (Wounds Received
in Action) has the entry "None".

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart (PH) is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that:
(1) the wound was the result of hostile action; (2) the wound required
medical treatment; and (3) the medical treatment was made a matter of
official record.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal (BSM) is awarded in time of war for heroism and
for meritorious achievement or service.  As with all personal decorations,
formal recommendation, approval through the chain of command, and
announcement in orders is required.  Recommendations must be made within 2
years of the event or period of service and the award must be made within 3
years.

7.  Army Regulation 600-8-22 also provides, in pertinent part, that the
Bronze Star Medal (BSM) 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.  This means, in effect, that the
Bronze Star Medal is to be awarded to individuals who were authorized
either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, without the applicant's medical records or other
collaborating evidence, there is no evidence to support his claim for the
Purple Heart.  His self- authored statement does not meet the criteria for
award of the Purple Heart.  The only existing evidence is the applicant's
separation document (WD AGO Form 53-55, Enlisted Record and Report of
Separation - Honorable Discharge) which states he was not wounded.  The
applicant signed this document authenticating the information contained
thereon as correct at the time.

2.  The applicant is authorized to have the Bronze Star Medal added to his
separation document based on his award of the Combat Infantryman Badge.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 February 1946, 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.

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

__fe____  __mkp___  __cak___  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 the addition of the Bronze Star Medal to his separation
document.



                                        Fred Eichorn
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200400001379                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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