RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 MARCH 2005
      DOCKET NUMBER:  AR20040002676


      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. Raymond Wagner                |     |Chairperson          |
|     |Mr. John Meixell                  |     |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 the Purple Heart for injuries he
sustained in combat in the Philippines in 1945 during World War II.

2.  The applicant states that he was in combat in the Philippines and was
awarded the Silver Star and the Bronze Star Medal.  On one occasion in 1945
when his unit was engaged in combat, two of his fellow Soldiers were hit by
gunfire.  At the same time, his unit opened machine gun fire on the enemy
position.  During this fire fight he was stunned from the weapons fire,
knocked to the ground, and rolled over on the ground.  His head and ears
were in pain.  He cannot recall exactly what occurred; however, the pain
continued long afterwards.  At the time of his discharge, his discharge
examination indicated that he had an injury to his head, the injury that he
received from the incident.  He did not pursue award of the Purple Heart at
that time, but only after many years when he has heard numerous accounts of
veterans receiving the Purple Heart under similar circumstances, did he
decide to pursue the award.

3.  The applicant provides a copy of his enlisted record and report of
separation, a copy of his report of physical examination, a copy of a
certificate showing award of the Silver Star and the accompanying general
order, and a copy of a certificate showing award of the Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 November 1945.  The application submitted in this case
is dated 9 June 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 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.  However, there
are sufficient documents available for the Board to conduct a fair and
impartial review of this case.

4.  The applicant entered on active duty on 19 October 1942 and served as
an infantryman with Company K, 123d Infantry in the Asiatic-Pacific Theater
of Operation from July 1943 to November 1945 during World War II.  He was
discharged at Fort Bliss, Texas on 20 November 1945.  The applicant
participated in two campaigns during the war and was awarded the Asiatic-
Pacific Campaign Medal, the Philippine Liberation Medal, the Good Conduct
Medal, the World War II Victory Medal, the Silver Star, and the Combat
Infantryman Badge.  Item 34, Wounds Received in Action, on his Enlisted
Record and Report of Separation, contains the word, “None.”

5.  Prior to his discharge, he underwent a physical examination.  The
report of that examination shows that he had sustained an injury to his
head.  No details or circumstances under which he incurred the injury are
available.

6.  A certificate which he submits with his request shows that on 18 August
1999 the applicant was awarded the Bronze Star Medal for meritorious
service in ground combat against an armed enemy during World War II.

7.  The Unit Citation and Campaign Participation Credit Register shows that
the 123d Infantry was an occupation force in Japan from September 1945 to
January 1946.

8.  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.

9.  The Army of Occupation Medal is awarded for occupation in Japan between
 3 September 1945 and 27 April 1952.  Soldiers who served in the Far East
Theater will wear the Army of Occupation Medal with the clasp inscribed
“Japan.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant sustained a head injury during
the war; however, the circumstances – how he got the injury, are not
available.  While the Board does not dispute the applicant’s contentions,
unfortunately, there is no substantiating evidence to show that he was
wounded as a result of hostile action.  Consequently, his request for award
of the Purple Heart cannot be granted.

2.  Records show the applicant should have discovered the error or
injustice now under consideration on 20 November 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.

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

___RW__  __JM  ___  ___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 Case Management Support Division at St. Louis is requested to
correct the applicant’s records to show award of the Bronze Star Medal and
the Army of Occupation Medal with Japan clasp.




                                  ____ Raymond Wagner______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002676                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050315                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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