RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050003772


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |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 for wounds sustained
while he was serving in World War II.

2.  The applicant states, in July 1945, he was knocked unconscious when he
was struck in the head by tent poles.  He further explains that the tent
poles were being transported in a truck and that the tent poles hit a tree
and then struck him in the head.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation), three sworn affidavits, two hand-written
statements from the same individual's that provided the sworn affidavits,
and a letter from the Department of Veterans Services.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 September 1945, the date of his discharge from active
duty.  The application submitted in this case is dated 11 March 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's WD AGO Form 53-55 shows that he was inducted into the
U.S. Army on 19 January 1943 and entered active duty on 26 January 1943.
The applicant was awarded a military occupational specialty (MOS) 844
(Cannoneer).  This form also shows that he was assigned to Battery A, 216th
Field Artillery Battalion while he served in the European African Middle
Eastern Theater from 27 May 1944 through 5 September 1945.

4.  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 does not
show that the applicant was awarded the Purple Heart.

5.  Item 34 (Wounds Received in Action) of this form contains the entry
"None."

6.  The applicant provided two sworn affidavits which essentially state
that the applicant sustained a head injury when a tent pole in his vehicle
struck a tree causing the pole to hit his head.  Each of the individuals
who provided the affidavits and hand-written statements clearly stated that
the injury occurred as a result of an accident.

7.  There is no evidence in the available records which show that the
applicant sustained injuries as a result of hostile action or that he was
treated for wounds sustained as a result of hostile action.

8.  The applicant provided a letter from the Department of Veterans
Services which essentially stated that the applicant was wounded as a
result of an accident that occurred while he was moving through Germany on
a truck.  The author of this letter further stated that the applicant
should be granted service connection for this injury and that his
compensation claim should be reopened.

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.  There is no statute of limitations governing requests for
award of the Purple Heart.

10.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his WD AGO Form 53-55.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental
United States as a passenger or in a temporary duty status for 30
consecutive or 60 nonconsecutive days, or active combat against the enemy
and was awarded a combat decoration or furnished a certificate by a corps
commander or higher, or service within the continental United States for an
aggregate period of one year.



12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  The World War II Victory Medal was established
by the act of Congress on 6 July 1945.  It was awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
for injuries he sustained while he was being transported in a truck through
Germany in July 1945.

2.  There is no evidence in the available records and the applicant has not
provided sufficient evidence which shows that he sustained injuries as a
result of hostile action or that he received treatment for injuries that
were sustained as a result of hostile action.  Furthermore, since
hostilities in the European Theater ended on 7 May 1945, the applicant
could not have sustained injuries as a result of hostile action.  Based on
the foregoing, there is no basis to grant the applicant's request for award
of the Purple Heart in this case.

3.  Records show that the applicant completed a qualifying period of
service in the American Theater during the period 7 December 1941 and 2
March 1946.  Therefore, he is entitled to correction of his record to show
award of the American Campaign Medal.

4.  Records show that the applicant completed a qualifying period of
service between 7 December 1941 and 31 December 1946.  Therefore, he is
entitled to have his records corrected to show award of the World War II
Victory Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 September 1945, the date of his
separation from active duty.  However, 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.
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.

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

__RJW__  __RR____  _JEV____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three-
 year statute of limitations in this case.

2.  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 to show award of
the Purple Heart.

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 American Campaign Medal and the World War II
Victory Medal.




                                  ___James E. Vick___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003772                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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