RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        01 MARCH 2005
      DOCKET NUMBER:  AR20040002660


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 the Purple Heart.

2.  The applicant states that he was wounded in the battle for Anzio in
Italy during World War II, and hospitalized for his wounds.  In a letter to
a Member of Congress (MC) he states that his home was burglarized in May
2003 and all his ribbons and artifacts from World War II were taken.  He
states that he was informed that he must have the Purple Heart in order to
be buried at Arlington National Cemetery.  He states that the Germans shot
each American Soldier in their dugout.  He was wounded, but was the only
survivor.  He was one of the ten men who captured the big hill where the
Germans were, with their big guns aimed at Anzio.  He was a patient at
Rome’s General Hospital for five weeks.  He was shipped to the Philippine
Islands.  In January 1946 he was shipped to Korea.

3.  The applicant provides a copy of the above-mentioned letter and a copy
of his WD AGO Form 53-55 (Honorable Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 March 1946.  The application submitted in this case is
dated       5 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 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 enlisted in the Army on 12 December 1942 and entered on
active duty on 10 September 1943.  The applicant departed for the European
Theater of Operations in March 1944, serving in the Mediterranean Theater
of Operations (MTO) until July 1945 when he departed for the Southwest
Pacific Theater of Operations (SWPTO).  He returned to the United States in
March 1946 and was discharged at Camp McCoy, Wisconsin on 29 March 1946.
His report of separation shows that he participated in the Rome-Arno
campaign and was awarded the Good Conduct Medal, the American Theater
Service Medal, Asiatic-Pacific Theater Service Medal, European-African-
Middle Eastern Service Medal with one bronze service star, and the
Distinguished Unit Badge.  Item 34, Wounds Receive in Action, on his report
of separation contains the word, “NONE.”

4.  Prior to his discharge, on 28 March 1946, the applicant underwent a
physical examination.  The report of that examination indicates that he was
treated at the 24th General Hospital in Italy in July 1944 because of
paralysis to his right side.
That report also states, “right thigh and lower leg and right forearm
smaller than  left.”

5.  Clinical records show that he was treated at the 33d General Hospital
and the 56th Evacuation Hospital because of an injury to his left wrist.
Those records show that he accidentally lacerated his left wrist at
approximately 0845 on         13 July 1944 at the 405 Company area 8th
Replacement Depot, apparently when he fell on a box.  Information from the
Hospital Admission Cards created by the Office of The Surgeon General shows
that he had a non-battle injury to his wrist as a result of a fall, and was
treated at a hospital on 13 July 1944.

6.  The applicant’s service record (WD AGO Form No. 24-C) shows that he
arrived in Casablanca on 16 March 1944, left there and arrived in Italy on
3 May 1944.  He left Leghorn, Italy on 24 July 1944 and arrived in Manila,
Luzon, the Philippine Islands on 15 September 1945.  He had a change of
station from Luzon to Pusan, Korea on 18 October 1945.

7.  That record shows that a board of medical officers met on 17 August
1944 at the 24th General Hospital and recommended that the applicant be
placed on limited assignment because of poliomyelitis, anterior, chronic
with atrophy of muscle of right thigh and leg.

8.  Information from hospital admission cards also shows that the applicant
was treated and hospitalized for seven days beginning on 14 August 1944
because of sequelae of poliomyelitis, anterior.

9.  Army Regulation 600-8-22 provides 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, and the medical treatment must have
been made a matter of official record.

10.  The World War II Victory Medal is awarded for service between 7
December 1941 and 31 December 1946.
11.  The Army of Occupation Medal is awarded for service in Italy between 9
May 1945 and 15 September 1947.  The Army of Occupation Medal is awarded
for service in Korea between 3 September 1945 and 29 June 1949.  Soldiers
who served in the European Theater of Operations during the occupation of
Europe will wear the clasp inscribed “Germany.”  Soldiers who served in the
Far East Theater during the occupation of the Far East will wear the clasp
inscribed “Japan.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was treated for his wrist injury
in July 1944 and for his poliomyelitis and atrophy in August of that year.
There is no evidence, however, to show that his injury or his condition was
a result of being wounded in action.  While the Board does not dispute the
applicant’s contention, there is no medical evidence or any other
corroborating evidence to substantiate his request.  Consequently, his
request for award of the Purple Heart cannot be granted.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 March 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.

3.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WM__  ___RD __  ___AU __  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 Case Management Support Division in St. Louis is requested to
correct the applicant’s records to show award of the World War II Victory
Medal and the Army of Occupation Medal with Germany and Japan clasps.




                                  _____Walter Morrison______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002660                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050301                                |
|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.                      |                                        |


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