RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050002174


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |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, in effect, that he was wounded in late February
1945, along the Moselle River, while stationed in Germany during World War
II.   He further states that the incident is recorded in the daily log of
Troop D, 1st Platoon, 90th Cavalry (Mechanized).

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 January 1946, the date of his separation from the Army.  The
application submitted in this case is dated 19 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 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.  Military records show that the applicant was inducted into the U.S.
Army on
7 November 1942, entered active duty on 21 November 1942, and was awarded
military occupational specialty 345 (Truck Driver, Light).

4.  On 23 September 1944, the applicant was assigned to Troop D, 90th
Cavalry Reconnaissance Squadron (Mechanized) and served in the European
Theater of Operations, until 7 January 1946.

5.  The applicant's records contain a WD AGO Form 53-55 (Enlisted Record
and Report of Separation Honorable Discharge), dated 23 January 1946, which
shows in Item 32 (Battles and Campaigns) that he participated in three
campaigns:  Ardennes, Rhineland, and Central Europe.  Item 33 (Decorations
and Citations) of the document shows that the applicant was awarded the
European-African-Middle Eastern Campaign Medal with 3 bronze service stars,
the American Theater Campaign Medal, the Good Conduct Medal, and World War
II Victory Medal.    Item 34 (Wounds Received in Action) of this document
contains the entry, "NONE".

6.  The applicant provides no documentary evidence in support of his
application.

7.  Army Regulation 600-8-22 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.

8.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his WD AGO Form 53-55.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows World War II units
that are authorized occupation credit and therefore, entitlement to the
Army of Occupation Medal.  This document shows that Troop D, 90th Cavalry
Reconnaissance Squadron (Mechanized) was authorized the Army of Occupation
Medal for service in Germany during the period 2 May 1945 through 4
September 1945.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Army of Occupation Medal is awarded for service of thirty
consecutive days at a normal post of duty in a qualifying location.
Personnel at a qualifying location as an inspector, courier, and escort on
temporary or detached duty are precluded from eligibility.  For award of
the Army of Occupation Medal with Germany Clasp, qualifying service must
have occurred between 9 May 1945 and 5 May 1955 and the European-African-
Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

11.  Department of the Army Pamphlet 672-1 lists the unit awards received
by units serving in World War II.  This document shows that, at the time of
the applicant's assignment to Troop D, 90th Cavalry Reconnaissance Squadron
(Mechanized), the unit was cited for award of the Distinguished Unit
Citation by Headquarters, War Department, General Orders Number 17 (1945).

12.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination, and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because he was wounded while serving in Germany during World War II.

2.  The applicant provides no official documentary evidence to support his
contention that he was wounded as a result of hostile action.

3.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Absent any evidence
that shows the applicant was wounded or treated for wounds due to hostile
action, there is no basis for award of the Purple Heart.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 January 1946; the date of his
separation. 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.  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 failure to
timely file in this case.

5.  Evidence shows that the applicant’s records contain 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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__BJE __  __HOF __  ___RR __  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Army of Occupation Medal with Germany Clasp,
and the Presidential Unit Citation (known as the Distinguished Unit
Citation until 3 November 1966).




                                  ____BARBARA J. ELLIS_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002174                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051019                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19460123                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Convenience of Govt, RR 1-1,            |
|                        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |105.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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