RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 February 2005
      DOCKET NUMBER:  AR20040004936


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Ms. Laverne V. Berry              |     |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, in effect, award of the Purple Heart for her
deceased husband, a former service member (FSM) to be shown in his service
records.

2.  The applicant states, in effect, that the FSM never received award of
the Purple Heart for his eye injury and hearing loss which occurred on 24
September 1944.

3.  The applicant provides a certified copy of the FSM's WD AGO Form 53-55
(Enlisted Records and Report of Separation Honorable Discharge) with the
separation date 11 October 1945, and 189 pages of photocopied medical and
service records from a Veterans Administration office.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 October 1945, the date of the FSM's separation from active
duty.  The application submitted in this case is dated 14 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 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 FSM’s military records are not available.  A fire destroyed
approximately 18 million service members’ records at the National Personnel
Records Center in 1973.  It is believed that the FSM’s records were lost or
destroyed in that fire.  However, the documents submitted by the applicant
were sufficient to conduct a fair and impartial review of this case.

4.  The FSM's WD AGO Form 53-55 shows that he was inducted into the Army on
9 January 1942 and served in the European-African-Middle Eastern Theater of
Operations from 17 August 1942 through 8 November 1944.  The FSM was
honorably discharged on 11 October 1945.

5.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 does
not show award of the Purple Heart.  Item 34 (Wounds Received in Action)
shows the entry "None."
6.  There are no orders in the available records that show he was awarded
the Purple Heart.

7.  The applicant submitted a photocopy of page 2 (Physical Examination) of
WD AGO Form 221 (Report of Induction of Selective Service Man) which shows
that the FSM's underwent a physical examination on 4 December 1941.  This
form shows that his vision was rated (right eye) at 20/40.  This form also
shows that his hearing was rated at 20/20 in both his ears.

8.  The applicant submitted a photocopy of Form 55B (Chief Complaint –
Condition on Admission – Previous Personal History) which was authenticated
by a major in the Medical Corps and shows the FSM's chief complaint as
"Spots and blurred vision in right eye."  This form also shows the entry in
the FSM's "Previous personal history:  Had piece of steel removed from
right eye in 1927."

9.  Page 2 of the Form 55B shows the history of the FSM's present illness.
Specifically, this form shows that while in Africa, the FSM noticed spots
of variable shapes in his right eye while reading a letter and that his
condition did not improve.  The Form 55B shows that the FSM was admitted to
the 37th General Hospital at Naples in September 1944 and subsequently
evacuated to the States for further observation and treatment.

10.  The applicant submitted an incomplete photocopy of a medical record,
dated 24 September 1944.  This document shows that the FSM was diagnosed
with moderate severe Uveitis [Inflammation of the cornea and surrounding
tissues and muscles] of his right eye which incurred in Italy and that the
cause was undetermined.

11.  The applicant submitted a photocopy of a medical record, dated
27 September 1944.  This document shows that the FSM was received at the
37th General Hospital and was diagnosed with acute Uveitis of his right eye
with a vision rating of 20/50 and diagnosed with chronic tonsillitis.

12.  The applicant submitted a photocopy of a Proceedings of a Board of
Medical Officers which convened at the 37th General Hospital, APO 425, U.S.
Army on 23 October 1944.  These proceedings show that the FSM was admitted
to the 37th General Hospital on 27 September 1944 and then transferred to
the 8th Evacuation Hospital.

13.  The Proceedings also gave a brief medical history of the FSM which
stated: "Soldier states that for the last ten months he has noticed spots
before his right eye.  These spots are more abundant now than when he first
noticed them.  The spots are black, of various shapes and move about with
movement of the eye.  Examination reveals pigmented keratitis precipitates
on post corneal and anterior lens surface, and the vitreous is loaded with
floating opacities, after a thorough search of foci of infection, ear, nose
and throat reveals a mild injection of tonsils. The tonsils were to be
removed but patient developed a severe head cold.  The infected tonsils may
be the active focus of infection on the severely inflamed eye."

14.  The applicant submitted an incomplete photocopy of WD AGO Form
38 (Report of Physical Examination of Enlisted Personnel Prior to
Discharge, Release from Active Duty or Retirement) which shows the FSM
underwent a physical examination on 10 October 1945.  This form shows the
FSM's vision of his right eye was rated (uncorrected and corrected) at
20/100 and his hearing in both his ears was rated at 15/15.

15.  The applicant submitted a 3-page photocopied unidentified form that
provides information on the FSM's application for compensation or pension
which is dated 12 October 1945.  This form shows that the applicant
sustained injuries to his eyes on 12 September 1943.  This form does not
show that these injuries were as a result of hostile action.

16.  Army Regulation 600-8-22 (Military Awards) 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 her husband is entitled to the award of the
Purple Heart based on injuries to his eye and ears.

2.  Records show that a piece of steel was removed from his right eye on an
unspecified date in 1927.

3.  Evidence shows the FSM received medical treatment on his right eye
which was considered in the line of duty; however, the cause of the injury
was considered undetermined.  There is no evidence in the records that
shows that the eye injury was the result of hostile action.
4.  There is no evidence that shows that the FSM received any medical
treatment for injuries sustained to his ears.

5.  Evidence of record shows that the FSM's hearing in both ears were rated
20/20 at the time of his induction and were rated at 15/15 at the time of
his discharge.

6.  There are no orders in the reconstructed service records available
which show the FSM was awarded the Purple Heart.  There also is no evidence
in his records that show he was wounded or treated for wounds as a result
of hostile action during his service in World War II.  In the absence of
such evidence, there is insufficient basis for award of the Purple Heart in
this case.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 October 1945, the date of the FSM's
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.
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

__jrs____  __fe ____  ____lvb__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in this case.

2.  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 to show award of
the Purple Heart.





                                  ______Fred Eichorn_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040004936                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/10                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015/PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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