RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050017071


      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             |
|     |Mrs. Phyllis M. Perkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. William F. Crain              |     |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 award of the Purple Heart.

2.  The applicant states, in June 1944, he sustained injuries while
stationed in Normandy.  He further states that he received the ribbon for
the Purple Heart but never received the medal.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation) with an effective date of 4 December 1945; a copy
of his Honorable Discharge Certificate (WD AGO Form 55); and a letter from
Elk County Department of Veterans' Affairs, dated 12 October 2005, in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 December 1945, the date of his discharge from active duty.
The application submitted in this case is dated 10 December 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 for review.  A fire
destroyed approximately 18 million service members' records at the National
Personnel Records Center fire 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 to conduct a fair
and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he was inducted and entered
active duty on 21 May 1943 in military occupational specialty (MOS) 657
(Litter Bearer).  This form also shows that he was assigned to the 509th
Medical Call Battalion, while he served in the European Theater of
Operations, during the period 24 November 1943 through 19 November 1945.

5.  The applicant's WD AGO Form 53-55 also shows the applicant completed
5 months and 17 days of continental service and 2 years and 13 days of
foreign service.

6.  Item 31 (Military Qualification) of the applicant's WD AGO 53-55 shows
the applicant was awarded the Rifle Badge.

7.  Item 32 (Battles and Campaign) of the applicant's WD AGO 53-55 shows
that he participated in Ardennes, Central Europe, Normandy, Northern
France, and Rhineland campaigns.

8.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55
shows the applicant was awarded the European-African-Middle Eastern
Campaign Service Medal, the Good Conduct Medal, and the World War II
Victory Medal.

9.  Item 34 (Wounds Received in Action) of the applicant's WD AGO 53-55
contains the entry "None."

10.  There is no evidence in the available records which show that the
applicant sustained injuries as a result of hostile action or that he was
treated for wounds sustained as a result of hostile action.

11.  Army Regulation 600-8-22 (Military Awards) 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.

2.  There is no evidence in the available records and the applicant has not
provided sufficient evidence which shows that he sustained injuries as a
result of hostile action or that he received treatment for injuries that
were sustained as a result of hostile action.  Based on the foregoing,
there is insufficient evidence to grant the applicant's request for award
of the Purple Heart in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 December 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, 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 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

_MJNT__  _WLC___  _WDP___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three-
 year statute of limitations in this case.

2.  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 to show award of
the Purple Heart.






                                       William D. Powers_
                                            CHAIRPERSON


INDEX

|CASE ID                 |AR20050017071                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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