RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 July 2005
      DOCKET NUMBER:  AR20050000624


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Ms. Brenda 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, in effect, two awards of the Purple Heart
(correctly known as the Purple Heart with First Oak Leaf Cluster).

2.  The applicant states, in effect, that after he was injured on 24 March
1945 and on 28 March 1945 he continued to perform his duties.

3.  The applicant provides two eyewitness statements from fellow Soldiers
at the time in question.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
21 April 1946.  The application submitted in this case is dated 21 December
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 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.

4.  The applicant was inducted on 10 June 1944.  He served as a light
machine gunner in the European Theater of Operations from 30 January 1945
through
11 August 1945 and was honorably discharged on 21 April 1946.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of
Separation) shows the American Campaign Medal, the European-African-Middle
Eastern Campaign Medal with two bronze service stars and one bronze
arrowhead, the Good Conduct Medal, one award of the Overseas Service Bar,
and the World War II Victory Medal as authorized awards.  Item 34 (Wounds
Received in Action) on his WD AGO Form 53-55 shows the entry, "None."  His
WD AGO Form 53-55 also shows that he received the Combat Infantryman Badge.

6.  There is no evidence in the available records that shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

7.  The applicant provided two eyewitness statements, dated 29 June 2004
and 15 December 2004, from two squad leaders at the time in question.  They
attest that on or about 24 March 1945, while parachuting into Germany, the
applicant received wounds above both eyes and minor wounds on both hands as
the result of enemy air burst artillery gun fire.  They also attest that
the applicant was wounded on or about 28 March 1945 in Germany.  Both
statements are worded exactly the same.

8.  The available records contain an award certificate, dated 5 April 1954,
for the Bronze Star Medal (based on award of the Combat Infantryman Badge).

9.  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.

10.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Purple Heart.

11.  Army Regulation 600-45 (Decorations), effective 13 October 1949,
provided in pertinent part, that the Bronze Star Medal is authorized for
each individual who was cited in orders or awarded a certificate for
exemplary conduct in ground combat between 7 December 1941 and 2 September
1945 or whose achievement or service, during that period, was confirmed by
documents executed prior to 1 July 1947.  An award of the Combat
Infantryman Badge or the Combat Medical Badge is considered to be a
citation in orders.  This means, in effect, that the Bronze Star Medal is
to be awarded to individuals who were authorized either badge for service
during World War II.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action during World
War II.  In the absence of orders or other evidence of record showing that
the applicant was injured or treated for wounds as a result of hostile
action during World War II, the statements from fellow Soldiers at the time
in question provided by the applicant are not sufficient as a basis for an
award of the Purple Heart.  Regrettably, there is insufficient evidence on
which to base any award of the Purple Heart in this case.

2.  The applicant received the Bronze Star Medal (based on award of the
Combat Infantryman Badge) after his separation on 21 April 1946; therefore,
his WD AGO should be amended to show this award.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 21 April 1946; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 1
January 1950
(3 years after the Board was established on 2 January 1947).  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.

4.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JI______  RO______  BK______  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.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the Bronze Star Medal
(based on award of the Combat Infantryman Badge).



            _____________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000624                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050721                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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