RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 May 2005
      DOCKET NUMBER:  AR20040004042


      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. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |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 award of the Purple Heart.

2.  The applicant states that his previous request for the Purple Heart was
never received.

3.  The applicant provides an undated self-authored letter, a letter from a
former service member, dated 5 November 2003, and a copy of a DA Form 1577
(Authorization for Issuance of Awards).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   14 March 1946, the date of his separation from active
service.  The application submitted in this case is dated 25 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 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 are sufficient documents in
the reconstructed record to allow the Board to conduct a fair and impartial
review of the case.

4.  The applicant was inducted in the Army of the United States on 13 April
1943. He served in the European-African-Middle Eastern Theater of
Operations from 16 September 1943 to 27 July 1945 as a member of the 32nd
Armored Regiment.  He was honorably discharged on 14 March 1946.

5.  The applicant's WD AGO 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."

6.  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.

7.  The applicant provided a DA Form 1577 (Authorization for Issuance of
Awards), dated 31 October 1988 which shows that he was authorized the
Prisoner of War Medal.  This DA Form 1577 does not show an entry for award
of the Purple Heart.

8.  Information from the hospital admission cards of the Office of The
Surgeon General of the Army shows that the applicant was admitted to a
medical treatment facility on 5 October 1945, for treatment of lobar
pneumonia.  He was also diagnosed with serofibrinous pleuritis [chest pain
caused by inflammation of the membranes surrounding the lungs].  Records
show that the causative agent for his illness was not found and his
condition was not the result of trauma.

9.  The applicant provided a self-authored letter in which he stated that
he was bivouacked south of St. Lo, France.  The applicant further stated
that he was loading gas and ammunition for transport to the front lines on
the morning of 27 July 1944 when the Germans started shelling with
personnel bombs and they lost a private from his unit.

10.  The applicant continued that he was trying to remove a frying pan from
an open fire and his left hand was burned from the hot grease.  He further
stated that when he shook his hand the skin from the wrist folded over his
fingers.  The applicant explained that the medic attended the burn and that
night his hand started to swell and it was necessary to remove the
bandages.

11.  The applicant provided a letter from a former Medical Aid Man from his
unit.  The former service member stated that he had treated the applicant
for burns on his hands on or about 25 July 1944.  He further stated that he
advised the applicant to see a doctor at the Regimental Medical Unit.

12.  The applicant stated that at the time he did not think about applying
for a Purple Heart and has procrastinated about it through the years.  He
further stated that he is 85 years of age and hoped to obtain the Purple
Heart to go along with his Bronze Star, battle stars, and Prisoner of War
Medal.

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.
14.  Army Regulation 600-8-22 provides for the award of the POW Medal to
soldiers who were taken prisoner and held captive while engaged in an
action against an enemy of the United States.  It will only be awarded when
the individual’s POW status has been officially confirmed and recognized as
such by the Department of the Army.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
which served during the World War II.  This document shows that while the
applicant was assigned to the Service Company, 32nd Armored Regiment, the
unit was cited for award of the Meritorious Unit Commendation for actions
during the period
1 July 1944 to 15 December 1944 by Department of the Army General Orders
Number 56, Headquarters 5th Army, dated 5 July 1945.

16.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows, among other
information, credit for occupation duty during World War II.  This document
shows the unit to which the applicant was assigned, the 32nd Armored
Regiment, received credit for occupation duty in Germany during World War
II.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
award of the Purple Heart.

2.  There are no orders or military records which show that the applicant
was awarded the Purple Heart, nor is there evidence to show that he was
wounded or treated for wounds as a result of hostile action.

3.  The applicant contends that he suffered burns to his hand which
required treatment by a medic.  However, there is no evidence that his
injury was the result of hostile action.  There is no causative
relationship between the applicant sustaining a burn to his hand as a
result of a grease fire and being wounded by hostile action.
4.  The applicant provided a statement from a former medic who provided
treatment for the burns on his hand.  However, the medic did not state that
the applicant's injury was the result of hostile action and the applicant
has provided no evidence to show that his injury was the result of hostile
action.

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

6.  Records at the Prisoner of War Branch at the U.S. Army Human Resources
Command indicate that the applicant was a Prisoner of War from 1 April
1945 to
16 April 1945.  Therefore, the applicant is entitled to correction of his
records to show his prisoner of war status.

7.  Evidence of record shows that during the applicant’s assignment with
the Service Company, 32nd Armored Regiment, the unit was cited for the
award of the Meritorious Unit Citation.  Therefore, the applicant is
entitled to the award of the Meritorious Unit Citation.

8.  While the applicant was serving in the 32nd Armored Regiment, this unit
received occupation credit for its service in Germany.  Therefore, the
applicant is entitled to correction of his WD AGO Form 53-55 to show award
of the Army of Occupation Medal with Germany Clasp.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 March 1946; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 13 March 1949.  Although the applicant did not file within the
ABCMR's statute of limitations, the evidence in this case warrants a waiver
of his failure to timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__fe____  __lds___  __mjf___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  awarding him the Meritorious Unit Citation and the Army of
Occupation Medal with Germany Clasp, and

      a.  adding the entry, "Prisoner of War, Service Company, 32nd Armored
Regiment, Germany, 450401-450416 " in item 55 (Remarks) on the WD AGO Form
53-55 of the individual concerned.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the Purple Heart.




                                        Fred Eichorn
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004042                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050512                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |130.0000                                |
|3.                      |107.0034                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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