RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 December 2005
      DOCKET NUMBER:  AR20050004827


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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), and
that his record be corrected to show he was wounded in action in 1944.

2.  The applicant states, in effect, that his records are incorrect and do
not show he was wounded in action in Germany in 1944, while he was
assisting the
259th Engineer Corp in building a bridge.  He states he was taken to a
hospital in London, England, where he was treated for his wound.  He
further states his records should still be on file at the hospital to
confirm he was wounded on or about 8 August 1944.

3.  The applicant provides the following documents in support of his
application: Department of Veterans Affairs (VA) Rating Decision;
Appointment of Veterans Service Organization as Claimant's Representative
(VA Form 21-22); and
Post Traumatic Stress Disorder (PTSD) Questionnaire.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred in January 1946.  The application submitted in this case is
dated
12 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 partially legible WD AGO 53-55 and an Office of The Surgeon
General (OTSG) Hospital Admission Record for 1944.

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
on 30 March 1943, and entered active duty in April 1943.  He continuously
served on active duty for 2 years, 9 months, and 7 days until being
honorably separated in January 1946.

5.  The applicant’s separation document also shows he served in the
European Theater of Operations (ETO) from December 1943 through December
1945, and that he was assigned to 3196th Quartermaster Service Company.  It
further confirms his participation in the Northern France, Rhineland, and
Central Europe campaigns of World War II.

6.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-
55 shows that during his active duty tenure, he earned the European-African-
Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II
Victory Medal.

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

8.  An OTSG Hospital Admission Record pertaining to the applicant on file
at the National Personnel Records Center (NPRC) shows he was admitted to a
medical treatment facility in the ETO in January 1944.  It further shows he
was diagnosed with urethritis and verruca vulgaris.  The report does not
code the applicant as a battle casualty, nor does it indicate the illnesses
for which he was treated were the result of enemy action.  There are no
other medical reports pertaining to the applicant on file at the NPRC.

9.  The applicant provides a VA Rating Decision, dated 6 May 2004, which
shows he was granted a 0 percent (%) disability rating for a "scar", a 30%
disability for residuals of a gunshot wound (GSW), and a 10% disability for
GSW residuals muscle group XVI, effective 25 November 2003.  This document
gives no indication that this rating decision was supported by military
medical treatment records or that the conditions were sustained in combat.

10.  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.

11.  Paragraph 5-12 of the awards regulation contains guidance on the
European-African-Middle Eastern Campaign Medal.  It states, in pertinent
part, that a bronze service star is authorized for each campaign a member
is credited with participating in while in the ETO.

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  It confirms that during his
tenure of assignment, the applicant’s unit (3196th Quartermaster Service
Company) was awarded the Army of Occupation Medal with Germany Clasp and
was credited with participating in the Ardennes-Alsace, Northern France,
Rhineland, and Central Europe campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that he was wounded in action, and is entitled to
the PH, along with the supporting documents he provided were carefully
considered.  However, by regulation, in order to support award of the PH
there must be evidence that the wound or injury on which the award is based
was received as enemy action, that the wound required medical treatment,
and that the medical treatment was made a matter of official record.

2.  In this case, the evidence includes a WD AGO Form 53-55 that contains
an entry in Item 34 that indicates the applicant was never wounded/injured
as a result of combat action, and the PH is not included in the list of
awards contained in Item 33.  The applicant authenticated this document
with his signature.  In effect, his signature was his verification that the
information contained on the separation document, to include the Item 33
and Item 34 entries, was correct at the time the document was prepared and
issued.

3.  In addition, the NPRC file contains an OTSG hospital report that
confirms the applicant was admitted to a military medical facility in the
ETO in January 1944, and was treated for non-battle related illnesses that
were not caused by enemy action.  There were no additional OTSG reports
pertaining to the applicant on file at the NPRC.

4.  The veracity of the applicant’s claim that he was wounded in action and
as a result is entitled to the PH is not in question.  However, absent any
evidence (medical treatment records, eye-witness statements, or record
entries) showing that he was ever wounded in action, or that he was ever
treated for a combat related wound or injury by military medical personnel,
the regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.

5.  Records show the applicant should have discovered the alleged error or
injustice related to award of the PH now under consideration in January
1946.  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.  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.

6.  The evidence does show that based on his World War II service and
campaign participation in the ETO, the applicant is entitled to the Army of
Occupation Medal with Germany Clasp and 4 bronze service stars with his
European-African-Middle Eastern Campaign Medal.  The omission of these
awards from his record and separation document is an administrative matter
that does not require Board action to correct.  Therefore, the Case
Management Support Division (CMSD), St. Louis, Missouri will make the
necessary administrative correction 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

___JNS  _  __LGH  _  ___MJF _  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 did determine there is an administrative error in the records
of the individual concerned that should be corrected.  Therefore, the Board
requests the CMSD-St. Louis administratively correct his records to show
his entitlement to the Army of Occupation Medal with Germany Clasp and 4
bronze service stars for his European-African-Middle Eastern Campaign
Medal; and by providing him a correction to his separation document that
reflects these changes.




                                  _____John N. Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004827                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/12/14                              |
|TYPE OF DISCHARGE       |HD,                                     |
|DATE OF DISCHARGE       |January 1946                            |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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