RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050002709


      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:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, award of the Purple Heart.

2.  The applicant states, in effect, that he fell off a truck when he was
hit by a tree limb, along the Rhine River in Germany sometime in February
1945.

3.  The applicant provides a copy of a statement from a former Soldier who
served with him during World War II, dated 23 April 2005.  The applicant
also contacted his congressman with regard to his application and provided
him a self-authored statement, dated 10 February 2005, and a copy of a
Morning Report for Battery A, 565th Antiaircraft Artillery Automatic
Weapons Battalion, dated 15 August 1945, which are incorporated in this
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
31 December 1970, the date he was transferred to the Retired Reserve.  The
application submitted in this case is dated 14 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.  Military records show that the applicant was inducted into the Army of
the United States on 22 April 1943.  After completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 601 (Cannoneer).  He served in the
European Theater of Operations during World War II and was discharged on 13
March 1946.

4.  The applicant's military records also show that he enlisted in the U.S.
Army Reserve on 12 April 1950, served on active duty from 10 October 1950
to
19 September 1951, and then was released to return to Reserve status, where
he served until his discharge on 30 April 1953.  He then enlisted in the
Army National Guard on 27 July 1953 and served until 31 December 1970, when
he was transferred to the Retired Reserve.  The applicant was then placed
on the Retired List, in the rank of platoon sergeant/pay grade E-7,
effective 18 October 1984.
5.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of
Separation, Honorable Discharge) shows in Item 36 (Service Outside
Continental U.S. and Return) that he arrived in the European-African-Middle
Eastern Theater of Operations on 18 October 1944 and was assigned to
Battery A, 565th Antiaircraft Artillery Automatic Weapons Battalion, where
he served until his departure on 26 February 1946.

6.  The applicant's WD AGO Form 53-55 shows in Item 33 (Decorations and
Citations) that he was awarded the American Theater Ribbon, European-
African-Middle Eastern Service Medal, Good Conduct Medal, and World War II
Victory Medal.  Item 34 (Wounds Received In Action) of this document
contains the entry, "NONE".

7.  A review of the applicant's military service records failed to show
evidence that he sustained a wound or injury as a result of hostile action,
that he received treatment by a medical officer for such wound or injury,
or that the medical treatment was made a matter of official records.

8.  The applicant provides a copy of a statement from a former Soldier who
served with him from basic combat training until their unit was deactivated
after World War II.  This document shows, in pertinent part, that the
author recalls, "There was a time when Mr. Hxxxxx was hospitalized after
the Battle of the Bulge, probably in early 1945".  The applicant provided a
self-authored statement to his congressman, which indicates, in pertinent
part, that he "fell in a creek full of rocks while in Germany and developed
pneumonia".  The applicant also provided a copy of the unit Morning Report
for Battery A, 565th Antiaircraft Artillery Automatic Weapons Battalion,
dated 15 August 1945, which shows the applicant rejoined the unit on 13
August 1945, in Sluiskill, Holland.

9.  A review of the applicant's records reveals that he may be entitled to
an additional award which is not shown on his WD AGO Form 53-55.

10.  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 the 565th Antiaircraft
Artillery Automatic Weapons Battalion was authorized the Army of Occupation
Medal for service in Germany during the period 2 May 1945 through 14 August
1945.



11.  Army Regulation 600-8-22 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.  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.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because he was injured when he fell off a truck when he was
hit by a tree limb, along the Rhine River in Germany sometime in February
1945.  He further contends that the truck was under fire at the time he was
injured and believes this is justification for award of the Purple Heart.

2.  The applicant provides no official documentary evidence that supports
his contention that he was wounded or injured as a result of hostile
action.  In addition, the statement that the applicant provides from a
former Soldier who served with him, his self-authored statement, and the
unit morning report provide insufficient evidence to substantiate
entitlement to the Purple Heart.

3.  The evidence of records fails to support the applicant's contention.
There is no official documentary evidence in the applicant's military
service records that supports his contention that he sustained a wound or
injury as a result of hostile action, was treated for such wound or injury
by a medical officer, or that the medical treatment was made a matter of
official record.

4.  Absent any evidence that shows the applicant was wounded or injured and
treated for wounds or injuries due to hostile action, there is no basis for
award of the Purple Heart.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 December 1970; the date he was
transferred to the Retired Reserves.  Therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 30
December 1973.
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.

6.  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

___SK __  __DJA __  __DRT __  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 further determined that, based on the fact there is no
statute of limitations on requests for award of the Purple Heart, it is
appropriate to waive failure to timely file, in this case.

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 Occupation Medal with Germany Clasp.




                                  ____STANLEY KELLEY______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002709                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |Retired Reserves                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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