RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 June 2005
      DOCKET NUMBER:  AR20040006706


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 (PH).

2.  The applicant states, in effect, that he was awarded the PH for a gun
shot wound he received while in combat.  He requests that the PH be added
to his separation document (WD AGO Form 53-55).

3.  The applicant provides copies of two separation documents (WD AGO Forms
53-55) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 April 1947.  The application submitted in this case was
received on 2 September 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
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s separation document.

4.  The applicant was inducted into the Army and entered active duty on
9 May 1944, and he was honorably discharged for the purpose of enlisting in
the Regular Army on 14 January 1946.  The WD AGO Form 53-55 he was issued
at this time shows he served in the Pacific Theater of Operations (PTO).

5.  The applicant’s 14 January 1946 separation document further indicates
he was credited with participating in the Southern Philippines campaign and
earned the following awards:  World War II Victory Medal, Philippine
Liberation Medal with 1 bronze service star, American Theater Ribbon,
Asiatic-Pacific Theater Ribbon with 1 bronze service star, and Combat
Infantryman Badge.  The PH is not included in this list of awards.  Item 34
(Wounds Received in Action) contains the entry “None”.

6.  On 15 January 1946, the applicant enlisted in the RA and remained on
active duty.  He served on active duty for an additional 1 year, 2 months
and 27 days until being honorably separated on 11 April 1947.  The WD AGO
Form he was issued for this period of active duty service shows that he
earned the Army Good Conduct Medal.  Item 34 of this document contains the
entry “None”.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in
pertinent part, that each approved award of the PH must exhibit all of the
following factors: wound, injury or death must have been the result of
enemy or hostile act or international terrorist attack; the wound or injury
must have required treatment by medical officials; and the records of
medical treatment must have been made a matter of official Army records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully
considered.  However, by regulation, in order to support awarding a member
the PH, it is necessary to establish that a member was wounded or injured
in action, that the wound required medical treatment, and that the medical
treatment was made a matter of official record.

2.  The evidence is void of any indication that the applicant ever received
or was treated for a combat related wound/injury that would have supported
award of the PH.  Further, both of his WD AGO Forms 53-55 contain the entry
“None” in Item 34.  This entry indicates the applicant never sustained a
wound/injury as a direct result or that was caused by enemy action.  There
is no indication that the applicant raised this issue while he remained on
active duty, or at the time of his final separation.

3.  The veracity of the applicant’s claim that he received a gunshot wound
while serving in the PTO is not in question.  However, absent any evidence
of record to corroborate that the applicant sustained and/or was treated
for a combat related wound/injury, the regulatory burden of proof necessary
to support award of the PH has not been satisfied in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice related to award of the PH now under consideration on 11 April
1947.   Therefore, the time for him to file a request for correction of any
error or injustice expired on 10 April 1950.  However, he 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 failure to file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MHM_  ___LE __  ___CAK _  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.




            ____Melvin H. Meyer____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040006706                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1947/04/11                              |
|DISCHARGE AUTHORITY     |AR 614-365                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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