RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 November 2005
      DOCKET NUMBER:  AR20050002507


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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 that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was struck by shrapnel on the
hand, leg, and chest while in combat in Luzon, Philippines, and because
they were only flesh wounds, he had them bandaged and continued in service.
 Several days later the right hand and thumb was infected, swollen and
yellow and he stopped at an aid station while on patrol and had the thumb
lanced and drained to stop the pain.  While at the aid station, the doctor
told him his temperature was high and he was too ill to continue and he was
sent back to a field hospital, given emergency treatment and was informed
that he would receive a Purple Heart.  He goes on to state that he was then
sent to a base hospital at San Nicholas, Luzon and later was put on a
hospital ship and sent to Hollandia, New Guinea, where he stayed for
several weeks before being reassigned.  He never received his Purple Heart.

3.  The applicant provides a copy of his report of separation (WD AGO Form
  53-55).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 26 January 1946.  The application submitted in this case was
received on 15 February 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.  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.  He was inducted at Fort Sheridan, Illinois, on 25 May 1944.  He
completed his training and departed for the Pacific Theater of Operations
(PTO) on 2 December 1944.  He participated in the New Guinea, Southern
Philippines and Luzon Campaigns and was promoted to the rank of sergeant.

5.  He departed the PTO on 4 January 1946 and was transferred to Fort
Sheridan, where he was honorably discharged on 26 January 1946.  He had
served 1 year, 8 months, and 2 days of total active service and was awarded
the Combat Infantryman Badge (CIB), the World War II Victory Medal, the
American Theater Ribbon, the Asiatic-Pacific Theater Ribbon with three
bronze battle stars, the Philippine Liberation Ribbon, and the Good Conduct
Medal.  He was subsequently awarded the Bronze Star Medal based on his
award of the CIB.  However, there is no evidence to show that it was ever
added to his report of separation.

6.  His WD AGO Form 53-55 shows in block 34, under “Wounds Received in
Action” the entry “None.”  The applicant authenticated the report of
separation with his signature and thumb print.

7.  A review of information from the hospital admission cards created by
the Office of the Surgeon General, Department of the Army, shows that the
applicant was treated for Dermatitis Venenata at Fort Hood, Texas in
September 1944.  On 11 March 1945, he was hospitalized for 53 days for
treatment of Paronychia of the thumb in the Southwest Pacific.  On 14 June
1945, he was hospitalized for    3 days for Dermatophytosis of the toes.

8.  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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention has been noted.  However, he has failed to
show through the evidence submitted or the evidence of record sufficient
evidence to establish that he was injured as a result of enemy action and
that he received treatment for that injury.

2.  Therefore, absent evidence to show that he was wounded as a result of
enemy action and the treatment was made a matter of record, there appears
to be no basis to award him the Purple Heart at this time.

3.  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.

4.  It is noted however, that the applicant was subsequently awarded the
Bronze Star Medal for meritorious service during World War II based on his
award of the CIB.  Accordingly, it should be added to his records at this
time.

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.

6.  Records show the applicant should have discovered the error or
injustice now under consideration on [enter appropriate date], the date of
his separation from active duty.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__js____  __phm___  __ljo___  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 his award of the Bronze Star Medal.


                                  John Slone
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002507                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY w/note)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |60/bsm                                  |
|1.107.0014              |                                        |
|2.107.0015              |61/ph                                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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