RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 March 2005
      DOCKET NUMBER:  AR20040003189


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John E. Denning               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states that he had been told of a fire in St. Louis,
Missouri that destroyed some of his records and that he should have
received the Purple Heart.

3.  The applicant further states that while planting land mines during the
Battle of the Bulge, his hands became frozen and on the way to the Aid
Station he received shrapnel wounds in his right leg.

4.  The applicant continues that he is proud to have served and feels that
he is entitled to the Purple Heart and, at the age of 86 years, he would
cherish the award.

5.  The applicant provides a copy of a letter from a member of Congress,
dated 12 April 2004, a self-authored letter dated 12 January 2004, a letter
from the National Personnel Records Center (NPRC), dated 22 December 2003,
and a self-authored statement dated 6 January 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 October 1945, the date of his separation from active
service.  The application submitted in this case is dated 15 June 2004.

2. The FSM's 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.  It is believed his records were
lost in that fire.  However, there were sufficient documents in the
reconstructed record to allow the Board to conduct a fair and impartial
review of the case

3.  The applicant was inducted on active duty on 15 June 1942.  He served
with the 324th Engineer Battalion in the European-African-Middle Eastern
Theater of Operations from 8 November 1942 to 16 September 1945.  He was
honorably discharged on 17 October 1945.

4.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of
Separation), which he authenticated, does not show award of the Purple
Heart in item 33 (Decorations and Citations).  Item 34 (Wounds Received in
Action) of the applicant's WD AGO 53-55 contains the entry "None."
5.  There are no orders in the applicant’s service personnel records
supporting award of the Purple Heart.  There is also no evidence which
shows that the applicant was wounded or treated for wounds as a result of
hostile action.

6.  The applicant's records contain a DA Form 1577 (Authorization for
Issuance of Awards), dated 27 February 1992.  This DA Form 1577 does not
show an entry indicating an award of the Purple Heart.

7.  The applicant's WD AGO Form 53-55 lists the following awards earned
during his Army service:  Good Conduct Medal, European-African-Middle
Eastern Theater Campaign Ribbon [with] " Bronze Service Arrowhead Star
Medal," and the Distinguished Unit Badge.

8.  There are no hospital admission records which show that the applicant
was treated for wounds or injuries received as a result of hostile action.

9.  There are no medical records which show that the applicant sustained a
wound as a result of hostile action.  There is evidence in the record to
show that he submitted a claim to the Department of Veterans Affairs (DVA)
based on a service-connected claim for a jaw injury.

10.  The applicant submitted a copy of a letter from the NPRC, dated
22 December 2003.  This letter shows that the applicant was authorized the
Presidential Unit Citation, the European-African-Middle Eastern Theater
Campaign Medal with two bronze service stars with one silver service star
with arrowhead, the World War II Victory Medal, the Honorable Service Lapel
Button World War II, and the Marksman Badge with Rifle Bar.

11.  The 23 December 2003 letter from the NPRC also stated that accidental
injuries received in a combat zone are not considered wounds received in
action and that no record was found to show that the applicant was given
medical treatment for wounds or injuries received in action.  The letter
further explained that the Purple Heart is awarded for wounds or injuries
received as a direct result of hostile action and records for such wounds
must be contained in official military records.

12.  The applicant's records contain a letter from the NPRC, dated 25
February 2004, which stated in part, that they were unable to verify the
applicant's entitlement to the Purple Heart and suggested that the
applicant contact the
DVA to determine if they had any military medical records on file which
showed the applicant was wounded.


13.  Army Regulation 800-8-22, provides in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should receive the Purple Heart for
shrapnel wounds in his right leg.

2.  There are no orders or military records which show that the applicant
was awarded the Purple Heart or was wounded or treated for wounds as a
result of hostile action.

3.  In the absence of records prepared at the time of the applicant's
service which show that he was wounded or treated for wounds or injuries as
a result of hostile action, there is insufficient evidence upon which to
base award of the Purple Heart in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 October 1945; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
28 October 1948.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jed___  __jrs___  __mjf___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is in the interest of justice to waive the
failure to timely file in this case.

2.  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.




                                        John E. Denning
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003189                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050317                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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