RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:  AR20050004182


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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 (PH).

2.  The applicant states, in effect, he is entitled to the PH for a wound
he received on 26 December 1944, in Liege, Belgium.  He claims he was
treated for this injury at a military hospital; however, medical personnel
at the hospital failed to report this information to his unit and the
company clerk failed to make the appropriate entries.  He claims a
lieutenant and he were standing next to each other when a bomb exploded,
and both were treated by the battalion physician and evacuated to the
hospital for further treatment.  He further indicates that a record of his
wound should be documented on the 304th Ordnance Maintenance Company's
Morning Report.

3.  The applicant provides the following documents in support of his
request:  Self-Authored Statements, dated 17 April 2003 and 20 March 2005;
Congressional Inquiry Letters, dated 15 June 2001 and 25 July 2003;
Electronic Messages (e-mail), dated 11 June 2001; Letter to National
Personnel Records Center (NPRC), dated 8 June 2001; Letter to Army Human
Resources Command (AHRC), Military Awards Branch, dated 11 May 2004; E-
Mails, dated 2 April 2004 through 6 April 2004; Medical Document Extracts;
Witness Statement; and AHRC Letter, dated 15 February 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on
30 November 1965.  The application submitted in this case is dated 14 March
2003.

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 military records show he was inducted into the Army of
the United States on 26 March 1943 and entered active duty on 2 April 1943.
 He was trained in, awarded, and served in military occupational specialty
(MOS) 824 (Mess Sergeant).

4.  On 24 November 1945, the applicant was issued a separation document
(WD AGO Form 53-55) that documented his World War II service from 26 March
1943 through 24 November 1945.  This document confirms he was serving in
the European Theater of Operations (ETO) at the time.  Item 34 (Wounds
Received In Action) contains the entry “None”.  The applicant authenticated
this document with his signature in Item 56 (Signature of Person Being
Separated).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the European Theatre of Operations (ETO) from 24 July 1944
through 21 December 1945.  Item 40 (Wounds) is blank, and Item 41 (Awards
and Decorations) shows he earned the following awards during his active
duty tenure: European-African-Middle Eastern Campaign Medal; American
Campaign Medal; World War II Victory Medal; Army of Occupation Medal;
National Defense Service Medal; Army Good Conduct Medal (7th Award); and
Expert Qualification Badge with Carbine Bar.  The PH is not included in the
list of awards contained in Item 41.  The applicant last audited this
record on 27 May 1965.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains the
304th Ordnance Maintenance Company Morning Reports for the period 26
December 1944 through 11 January 1945.  The applicant's name does not
appear on any of these reports.  However, his witness's name does appear on
the morning report dated 6 January 1945.  This report indicates the witness
was slightly wounded in action in Belgium on 26 December 1944.

7.  There is no evidence in the applicant's MPRJ to show he was ever
wounded as a result of enemy action, or that he was treated for a combat
related wound.  Further, there is no evidence to show he was ever
recommended for, or awarded the PH by proper authority.

8.  The applicant continued to serve on active duty until he was honorably
separated for the purpose of retirement on 30 November 1965.  The
separation document (DD Form 214) he was issued at that time shows he
completed a total of 22 years, 7 months, and 29 days of active military
service, and that he held the rank of sergeant major (SGM).  Item 27
(Wounds Received as a Result of Action with Enemy Forces) contains the
entry “None”, and the applicant authenticated this document with his
signature in Item 34 (Signature of Person Being Transferred or Discharged).

9.  The applicant provides three statements from a witness, a lieutenant
who served with him during World War II.  In each of these statements, the
witness indicates he and the applicant were wounded when a bomb exploded in
Liege, Belgium.  He also states that they were both treated by the
battalion doctor and were sent to the hospital for further observation.

10.  The applicant also provides medical document extracts, dated 20
through 27 June 1947, which show he was being treated for extreme knee
pain.  These documents make the following reference concerning the
applicant's right knee "fracture, simple, complete, patella [kneecap],
right, mild old, healed, etiology, undetermined."

11.  On 11 May 2004, the applicant submitted a request for the PH to the
AHRC, and on 15 February 2005, the AHRC Chief, Military Awards Branch,
provided the applicant the regulatory criteria necessary to support award
of the PH.  The applicant was also informed that the evidence he provided
failed to show he was ever treated for wounds received as a result of enemy
action, and his PH request was denied.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action, that the wound or injury
required treatment by a medical officer, and a record of this treatment
must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the PH and the
supporting evidence he provided were carefully considered.  However, by
regulation, in order to support award of the PH, there must be evidence
that the wound for which the award is being made was received as a direct
result of, or was caused by enemy action.

2.  The medical evidence of record does show the applicant was treated for
a knee injury in June 1947.  However, these medical treatment documents
also indicate the cause of his knee problems was undetermined.  Further,
this medical evidence was also found insufficient to support award of the
PH by AHRC awards officials, who indicated the evidence failed to confirm
his wound or injury was received as a direct result of, or was caused by
enemy action.

3.  The evidence of record also includes a WD AGO Form 53-55 that documents
the applicant’s World War II service from 23 March 1943 through 24 November
1945.  This document contains the entry “None” in Item 34, which confirms
the applicant had not been wounded in action through that date.  The
applicant
authenticated this document with his signature on the date it was issued.
His signature, in effect, was his verification the information contained in
the separation document, to include the Item 34 entry, was correct at the
time.

4.  The record also includes the applicant’s DA Form 20, which contains a
blank entry in Item 40, which indicates the applicant was never wounded in
action, and the PH is not included in the list of authorized earned awards
contained in Item 41.  The applicant last audited this record on 27 May
1965.  In effect, this audit was his verification that the information
contained on the record, to include the Item 40 and Item 42 entries, was
correct at the time.  Further, the PH is not included in any of the
applicant’s separation documents, which he also verified at the times they
were issued.

5.  The veracity of the applicant’s claim that he was injured during World
War II and of the information contained in the witness statements provided
is not in question.  However, absent any evidence of record to corroborate
that his injury was combat related, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case.

6.  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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1965.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on
29 November 1968.  However, he failed to 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__  ___ML      ___RGS _  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                 |AR20050004182                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/12/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1965/11/30                              |
|DISCHARGE AUTHORITY     |Title 10 USC 3914                       |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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