RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 July 2005
      DOCKET NUMBER:  AR20040010864


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn II           |     |Member               |
|     |Ms. Brenda K. Koch                |     |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, in effect, that he was wounded in World War II by
bomb fragments.  He further states that he received the Purple Heart before
leaving the hospital and that the award was never annotated on his
discharge document.

3.  The applicant provides a Sworn Affidavit, dated 7 April 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 September 1945.  The application submitted in this case is
dated 19 November 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.  In addition, the
applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation-
Honorable Discharge) was available.

4.  The applicant's WD AGO Form 53-55 with the ending period 4 September
1945 shows he was inducted and entered active duty on 26 February 1942.
The applicant served in the European-African-Middle Eastern theater of
operations from 7 October 1942 to around July 1945.  Records show that
while he served in Europe he was assigned to the 3891st Quartermaster Truck
Company and reassigned to the 4262nd Quartermaster Truck Company.  He was
honorably discharged on 4 September 1945.

5.  Item 33 (Decorations and Citations) shows the applicant was awarded the
European-African-Middle Eastern Theater Campaign Ribbon (Bronze Arrowhead)
and the Army Good Conduct Medal.  Item 34 (Wounds Received in Action) shows
the entry "13 June 1944, European theater."

6.  The applicant's records contain Headquarters, 160th General Hospital
Disposition Slip, dated 10 July 1944, which shows he was treated for shell
fragment wounds received on 12 June 1944 while serving in France.

7.  There are no General Orders in the applicant's records that show he was
awarded the Purple Heart.

8.  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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

9.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze
service star, based on qualifying service, for each campaign listed in
Appendix B of this regulation or listed in item 32 (Battles and Campaigns)
of the WD AGO Form
53-55.  The regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal including the European-
African-Middle Eastern Campaign Medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart.  However, his WD AGO Form 53-55
and the 160th General Hospital Disposition Slip shows he was wounded in
combat on or about 13 June 1944 and treated for his wounds.  The evidence
shows the applicant is eligible for award of the Purple Heart for wounds
sustained during hostile action on 13 June 1944 in the European theater of
operations.



2.  Evidence of records shows that the applicant is eligible for award of
the World War II Victory Medal and the silver service star to be worn on
his European-African-Middle Eastern Campaign Medal.  Therefore, the
applicant's WD AGO Form 53-55 should be amended to add this award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 September 1945.  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.
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file in this case
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

__ JI ____  __ RJO _  __BKK       GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 Purple Heart for wounds sustained on 13 June
1944; and
      b.  amending his WD AGO Form 53-55 to show award of the Purple Heart,
the World War II Victory Medal and the silver service star to be worn on
his European-African-Middle Eastern Campaign Medal.




                            ___ Mr. John Infante ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010864                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |21 July 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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