RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2005
      DOCKET NUMBER:  AR20050004276


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, it was never reported that he was
wounded in action after he had been treated by a medical corpsman (Medic).
He claims he can find no records showing this activity, but he deserves to
have his record corrected and to be awarded the PH.

3.  The applicant provides the following documents in support of his
application:  Separation Document (WD AGO Form 53-55); Reserve Retired Pay
Order (AF Form 548); Certificate of Retirement; Veterans’ Service Officer
Letter; and Document Self-Titled Combat Locations.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 18 August 1945.  The application submitted in this case is
dated
4 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 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.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s separation document and the documents he provided with his
application.

4.  The applicant’s separation document shows he enlisted in the Army and
entered active duty on 12 September 1939.  He served in military
occupational specialty 605 (Machine Gunner), and he held the rank of
private first class (PFC) on the date of his separation, 18 August 1945.
5.  The applicant’s WD AGO Form 53-55 also shows he served in the European
Theater of Operations (ETO) from 5 September 1942 through 11 August 1945,
and that he participated in the Algeria-French Morrocco, Sicily, Rome-Arno,
Southern France, Rhineland and Central Europe campaigns.  Item 33
(Decorations and Citations) shows that during his active duty tenure, he
earned the following awards:  Army Good Conduct Medal (AGCM); American
Defense Campaign Medal; and European-African-Middle Eastern Campaign Medal
with
1 bronze service star and 1 silver service star.  Item 34 (Wounds Received
In Action) of the applicant’s WD AGO Form 53-55 contains the entry “None”.


6.  Item 34 (Wounds Received In Action) of the applicant’s WD AGO Form 53-
55 contains the entry “None”.  The applicant authenticated this document
with his signature in Item 56 (Signature of Person Being Separated).

7.  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.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

8.  Paragraph 5-11 of the awards regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that it is authorized
for service between 7 December 1941 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement 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 a member was
wounded/injured in action, was treated for the wound/injury by military
medical personnel and a record of this medical treatment must have been
made a matter of official record.

2.  The veracity of the applicant’s claim that he was wounded in action and
is entitled to the PH while serving during World War II is not in question.
 However, his separation document contains the entry “None” in the wounds
received in action block, the PH is not included in the list of earned
awards, and the applicant authenticated this document with his signature on
the date of his separation.  In effect, this was his verification that the
information on the separation document, to include the Items 33 and 34
entries, was correct at the time the WD AGO Form 53-55 was prepared and
issued.

3.  Absent evidence (eye-witness statements, medical treatment records,
etc.) to corroborate that he was wounded in action, or treated for a combat
related wound or injury military medical personnel, the regulatory burden
of proof necessary to support award of the PH has not been satisfied in
this case.  As a result, his request for the PH must be denied in the
interest of all those who served during World War II and who faced similar
circumstances.

4.  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

5.  Records show the applicant should have discovered the alleged error or
injustice related to award of the PH now under consideration on 18 August
1945, the date of his separation from active duty.  Therefore, based on the
date the Board was established, 2 January 1947, the time for him to file a
request for correction of any error or injustice expired on 1 January 1950.
 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 file.

6.  The evidence does show that based on his World War II service, the
applicant is entitled to the World War II Victory Medal.  The omission of
this document from his separation document is an administrative matter that
does not require Board action to correct.  Thus, the Case Management
Support Division (CMSD),
St. Louis, Missouri, will complete the administrative corrections 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

___JNS__  __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 related to award of the
Purple Heart.  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 an administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis correct the records of the individual concerned to show his
entitlement to the World War II Victory Medal; and by providing him a
correction to his separation document that includes this award.




            ____John N. Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004278                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/08/18                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY with Admin Note                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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