RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050004364


      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. James C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 while engaged in a fire fight
with the enemy, he loaded a rocket for the bazooka launcher that another
Soldier was firing, and due to his inexperience, he sustained a severe burn
when the bazooka was fired.

3.  The applicant provides a self-authored statement, dated 17 March 2005;
a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation
Honorable Discharge) and WD AGO Form 100 (Army of the United States
Separation Qualification Record), with an effective date of 30 January
1946; and his Veterans Administration (VA), Certificate of Eligibility,
dated 23 May 1956.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 January 1946, the date of his discharge from the Army.  The
application submitted in this case is dated 17 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Available records consist primarily
of the applicant's WD AGO Form 53-55, WD AGO Form 100, and WD Form 372A
(Final Payment - Work Sheet), dated 30 January 1946.

4.  Military records show that the applicant was inducted into the U.S.
Army on
8 February 1943 and entered active duty on 15 February 1943.  After
completion of basic combat training and advanced individual training, the
applicant was awarded military occupational specialty (MOS) 521 (Field
Artillery).  He received additional training and was subsequently awarded
MOS 761 (Reconnaissance Construction Foreman).

5.  The applicant's WD AGO Form 53-55 shows that he was assigned to
Headquarters, 55th Armored Engineer Battalion, 10th Armored Division, and
arrived in the European Theater of Operations on 23 September 1944.  His
records show that he returned from overseas on 19 January 1946 and was
honorably discharged on 30 January 1946 after serving on active duty a
total of
2 years, 11 months, and 16 days.

6.  The applicant's WD AGO Form 53-55 shows in Item 33 (Decorations and
Citations) that he was awarded the American Campaign Medal, European-
African-Middle Eastern Campaign Medal with 3 bronze battle stars, Good
Conduct Medal, Distinguished Unit Badge (i.e. Presidential Unit Citation),
2 Overseas Service Bars, and the World War II Victory Medal.  Item 34
(Wounds Received In Action) of this document contains the entry "NONE".

7.  The applicant provides copies of his WD AGO Form 53-55, WD AGO Form
100, VA Certificate of Eligibility, and a self-authored statement in
support of his request for award of the Purple Heart.  In the applicant's
self-authored statement he summarizes his military service during World War
II and describes an incident which occurred sometime during the spring or
summer of 1945 in Germany when he sustained a burn as a result of an
accident when assisting another Soldier who was firing a bazooka at the
enemy.  However, these documents provide insufficient evidence upon which
to authorize award of the Purple Heart.

8.  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.

9.  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 55th Armored
Engineer Battalion, 10th Armored Division, was authorized the Army of
Occupation Medal for service in Germany during the period 2 May 1945
through 4 September 1945.

10.  Army Regulation 600-8-22 (Military Awards) 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.
Qualifying service included service in the country of Germany, excluding
the city of Berlin, between 9 May 1945 and 5 May 1955.  However, service
between 9 May 1945 and 8 November 1945 will be counted as qualifying only
if the European-African-Middle Eastern Campaign Medal was awarded for
service before 9 May 1945.  Clasps are
authorized for wear on the Army of Occupation Medal.  The clasp is a bronze
bar 1/8-inch by 1 1/2 inches with the word "Germany" inscribed thereon, to
denote occupation rendered in Europe.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
European-African-Middle Eastern Campaign Medal for qualifying service in
the European-African-Middle Eastern Theater of Operations for the period
7 December 1941 to 8 November 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 that he is entitled to award of the Purple Heart
because, while engaged in a fire fight with the enemy, he loaded a rocket
for the bazooka launcher that another Soldier was firing and sustained a
severe burn when the bazooka was fired.  However, the applicant provides no
official documentary evidence that supports his contention that he was
injured or wounded as a result of hostile action.

2.  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 as a
result of hostile action or was treated for a wound by a medical officer.
Therefore, absent any 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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 January 1946; the date of his
discharge. 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.

4.  The 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

__JCH __  __REB __  __JRM __  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.

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 of Occupation Medal with Germany Clasp.




                                  _____ JAMES C. HISE ___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050004364                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19460130                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |Convenience of the Government           |
|BOARD DECISION          |DENY- w/note                            |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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