RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050006244


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, that he should have received the
Purple Heart for an injury he received from a grenade explosion during
action against enemy forces.

3.  The applicant provides a memorandum from the Department of Veteran
Affairs, dated 4 January 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 January 1946.  The application submitted in this case is
dated 13 April 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.  In addition, the
applicant's WD AGO Form 53-55; a Company K, 63rd Infantry Morning Report;
and Hospital Admission Cards from the Office of The Surgeon General of the
Army were available.

4.  The applicant's WD AGO Form 53-55 shows he was inducted on 3 August
1942 and entered active duty on 17 August 1942.  The applicant arrived in
the Pacific theater of operations on 27 July 1943 and was assigned to K
Company, 63rd Infantry.  He departed the Pacific theater of operations on13
February 1945. He was honorably discharged with a certificate of disability
on 16 January 1946.


5.  Item 31 (Military Qualification and Date) contains the entry "1st Class
Light Machine Gunner 3Jun43" and "Rifle Sharpshooter 3Jun43."

6.  Item 33 (Decorations and Citations) shows the applicant was awarded the
Asiatic-Pacific Campaign Medal with 1 bronze service star, the Army Good
Conduct Medal, and the World War II Victory Medal.  Item 34 (Wounds
Received in Action) shows the entry "None."

7.  Company K, 63rd Infantry Morning Report, dated 8 December 1945 shows
that the applicant along with 16 members of his company were slightly
wounded after a defective anti-tank grenade accidentally exploded during a
morning assembly on 8 December 1945.

8.  The applicant's records contain information from the Hospital Admission
Cards created by the Office of The Surgeon General of the Army.  This
record showed the applicant was hospitalized for a non-battle injury
"Fracture, compound, comminuted with no nerve or artery involvement."
Causative agent showed blast: grenade/rifle or land mine/booby trap injury
that occurred on          8 December 1945.

9.  There are no General Orders in the applicant's records that show he was
awarded the Purple Heart.

10.  The applicant provided a memorandum from the Department of Veterans
Affairs, dated 4 January 2002.  This document shows that he has service
connected disability for lumbar degenerative joint disease, left leg
gunshot wound and tibia fracture, and left tibia osteomyelitis.

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, and the
medical treatment must have been made a matter of official record.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  Available evidence shows that the
applicant's wounds were caused by a grenade that accidentally exploded.
There is no evidence in the available records and the applicant has not
provided evidence that shows he was wounded or treated for wounds as a
result of hostile action.

2.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, there is insufficient
basis for award of the Purple Heart in this case.

3.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 16 January 1946.  However, 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.
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file in this case
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD __  _ JBG _ _  __ SWF _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ____Mr. Richard T. Dunbar_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006244                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |8 December 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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