RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 13 OCTOBER
      DOCKET NUMBER:         AR20050001553


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Carol 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 award of the Purple Heart.

2.  The applicant states he was wounded in action in Germany.  He states
that he was treated in a field hospital in Germany in June or August of
1943 or 1944.  He also states that it would be in the best interest of the
combat veteran to be awarded the Purple Heart.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 24 November 1945.  The application submitted in this case is
dated 13 January 2005.

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 was inducted into the Army on 2 April 1941 and was
awarded the military occupation specialty (MOS) 059 (Foreman Construction).
 The applicant served until 24 November 1945 when he was separated with an
honorable discharge.

4.  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.

5.  Item 34 (Wounds Received in Action) of the applicant's WD AGO 53-55
(Enlisted Record and Report of Separation Honorable Discharge) shows the
entry "None."

6.  The hospital record provided by the Office of the Surgeon General shows
that the applicant was treated in a medical facility on 19 April 1945 for a
lacerated ear.  The hospital records also show that the type of case was
"Non-battle Injury" and circumstances were "Non-battle injuries."

7.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  Records show that the applicant's injury was not the result of hostile
action.  Therefore, he is not entitled to award of the Purple Heart.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 November 1945, the date of his
separation from active duty.  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.  However,
the applicant 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 the failure to timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____TK _  ___PM __  ___CK __  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.




                                  ______Ted Kanamine______________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001553                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/13                              |
|TYPE OF DISCHARGE       |HONORABLE                               |
|DATE OF DISCHARGE       |1946/11/01                              |
|DISCHARGE AUTHORITY     |AR 615-335                              |
|DISCHARGE REASON        |DEMOB                                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 18-185                               |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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