RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050004073


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Ms. Maribeth Love                 |     |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 was wounded in his left leg by
shrapnel on 1 January 1945 when an enemy bullet hit an anti-aircraft gun
and it exploded.

3.  The applicant provides a copy of his WD AGO Form 100 (Army of the
United States Separation Qualification Record); WD AGO 53-55 (Enlisted
Record and Report of Separation Honorable Discharge), with an effective
date of 5 January 1946; two DD Forms 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty), dated 21 July 1998
and 10 October 2000; and a Tioga County Veterans' Service Agency letter,
dated 2 March 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 January 1946, the date of his separation from the U.S. Army.  The
application submitted in this case is dated 2 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 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
14 January 1943 and entered into active service on 21 January 1943.  After
completion of basic combat training and advanced individual training, the
applicant was awarded military occupational specialty (MOS) 846 (Portable
Power Generator Operator).

4.  The applicant's WD AGO Form 53-55 shows that the applicant was assigned
to the 386th Anti-Aircraft Artillery Battalion and served in the European
Theater of Operations from 19 February 1944 to 17 December 1945.

5.  The applicant's WD AGO Form 53-55, as amended by the two DD Forms 215,
shows in Item 33 (Decorations and Citations) that he was awarded the
Soldier's Medal, Bronze Star Medal, Good Conduct Medal, Combat Infantryman
Badge, European-African-Middle Eastern Campaign Medal with 3 bronze service
stars, American Service (Campaign) Medal, and World War II Victory Medal.
Item 34 (Wounds Received In Action) of this document contains the entry,
"None".

6.  The applicant's military service record contains a copy of General
Services Administration (GSA) Form 6929 (Reply to Medical Inquiry), dated
17 July 1979, which shows that, in response to the applicant's request, the
National Personnel Records Center provided the applicant copies of his
medical records.

7.  The applicant's military service record also contains a copy of GSA
Form
R6-6923 (Informal Information Reply), dated 1 August 1983, which shows
that, in response to the applicant's request, the National Personnel
Records Center provided the applicant copies of "all available" medical
records.

8.  The applicant's military service records contain a letter written by
the applicant and submitted in support of his request for award of the
Soldier's Medal.  This document describes an incident the applicant was
involved in on 1 January 1945.

9.  The applicant's military service records are absent documentary
evidence which shows he was wounded as a result of hostile action.

10.  The applicant provides copies of his WD AGO Form 100, WD AGO Form
53-55, two DD Forms 215, and a letter from his county Veterans' Service
Agency in support of his request for award of the Purple Heart.  These
documents provide, in pertinent part, information relevant to the
applicant's record of military service during World War II.

11.  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 the Purple
Heart because he was wounded in his left leg by shrapnel on 1 January 1945
when an enemy bullet hit an anti-aircraft gun and it exploded.

2.  The evidence of record shows that the applicant was provided copies of
his medical records by the National Personnel Records Center.  However, the
applicant provides no official documentary evidence that supports his
contention that he was wounded as a result of hostile action or that he
received medical treatment for such wounds.  In addition, a letter
previously submitted by the applicant and currently filed in his military
service records, which refers to an incident he was involved in on 1
January 1945, is absent any mention that the applicant was wounded as a
result of hostile action during the incident.

3.  There is no official documentary evidence in the applicant's military
service records that supports his contention that he sustained a wound as a
result of hostile action on 1 January 1945, or was treated for a wound by a
medical officer. Therefore, absent any official documentary 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 5 January 1946; 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.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM __  __RGS__  ___ML___  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.




                                  ____JOHN T. MEIXELL______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004073                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19460105                                |
|DISCHARGE AUTHORITY     |AR 615-365, RR 1-1                      |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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