RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         13 December 2005
      DOCKET NUMBER:  AR20050006945


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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, that while serving in World War II his
tank was hit by enemy fire and he was wounded and burned.  He states he was
hospitalized in England for the wounds and burns he received.  He further
states he feels his records should be changed to award him the PH for these
wounds.

3.  The applicant provides a Separation Document (WD AGO 53-55) and
Discharge Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 29 December 1945.  The application submitted in this case
is dated 22 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.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s WD AGO 53-55.

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
on 18 June 1943, and entered active duty on 2 July 1943.  He continuously
served on active duty for 2 years, 6 months, and 17 days until being
honorably separated on 29 December 1945.

5.  The applicant’s separation document also shows he served in the
European Theater of Operations (ETO) from 14 April 1944 through 14 December
1945, and was assigned to Headquarters Company, 1103rd Engineer Combat
Group.  It further confirms his participation in the Normandy, Northern
France, Rhineland, Ardennes 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 Army Good
Conduct Medal, World War II Victory Medal, and European-African-Middle
Eastern Campaign 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.  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.

9.  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.  A silver service star
is used in lieu of 5 bronze service stars to denote participation in five
campaigns.

10.  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 (Headquarters Company, 1103rd
Engineer Combat Group) was awarded the Army of Occupation Medal with
Germany Clasp.
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 of entitlement 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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 December 1945.  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.

4.  The evidence of record confirms 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 1 silver service star 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

___SLP _  ___MHM_  __ALR __  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 1
silver service star for his European-African-Middle Eastern Campaign Medal;
and by providing him a correction to his separation document that reflects
these changes.




                                  _____Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006945                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-12-13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/12/29                              |
|DISCHARGE AUTHORITY     |AR615-365 . . . . .                     |
|DISCHARGE REASON        |Convenience of Government Demobilization|
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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