RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           28 July 2005
      DOCKET NUMBER:  AR20050010528


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 he was injured while serving
during World War II, but never received the PH.

3.  The applicant provides a Separation Document (WD AGO Form 53-55) and
Separation Qualification Record (WD AGO Form 100) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 May 1945.  The application submitted in this case was
received on 1 July 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 (NPRC) in 1973.  It is believed
his 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 Form 53-55 and WD AGO Form 100.
4.  The applicant’s separation document shows he was inducted into the Army
and entered active duty on 6 March 1943.  He continuously served on active
duty for 2 years and 3 months until being honorably separated on 26 May
1945, by reason of Certificate of Disability.  This document also shows
that he served in the Pacific Theater of Operations (PTO) from 26 July 1943
through 22 November 1944.  It also shows he earned the Asiatic-Pacific
Campaign Medal and was credited with participating in one campaign.

5.  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).

6.  The applicant’s WD AGO Form 100 shows he served in military
occupational specialty (MOS) 844 (Cannoneer) and was a member of a 105
Howitzer crew while serving the PTO.  This document contains no indication
that he was ever wounded/injured in action.

7.  During the processing of this case, a member of the Board staff
reviewed the unit historical record maintained at the National Archives.
The search failed to provide any official information indicating the
applicant was wounded/injured in action, or that he was recommended for, or
awarded the PH.

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 5-11 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.  Paragraph 5-13
contains guidance on the Asiatic-Pacific Campaign Medal.  It states, in
pertinent part, that a bronze service star is authorized for each campaign
a member was credited with participating in while serving in the PTO.
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.  Although the evidence shows he was separated with a
Certificate of Disability, absent evidence to corroborate that he received
a wound/injury as a direct result of, or that was caused by enemy action,
or that he was treated for a combat related wound/injury, 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 related to award of the PH now under consideration on 26 May
1945, the date of his separation.  Thus, 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.

4.  The evidence does confirm that based on his World War II service and
campaign participation in the PTO, the applicant is entitled to the World
War II Victory Medal and 1 bronze service star with his Asiatic-Pacific
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 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

___WDP_  ___LCB _  ___JBG _  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 an 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 his entitlement to the World War II Victory Medal and 1
bronze service star with his Asiatic-Pacific Campaign Medal; and by
providing him a corrected separation document that reflects these awards.




            ___William D. Powers___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050010528                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/05/26                              |
|DISCHARGE AUTHORITY     |AR 615-366                              |
|DISCHARGE REASON        |Certificate of Disability               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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