RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000188


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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 effect, that he refused award of the Purple
Heart because he did not want any difficulties in getting a job.  He
continues that upon his discharge he accepted award of the Bronze Star
Medal.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation Honorable Discharge); a 4-page statement; a Bronze
Star Medal certificate, dated 25 May 1945; three newspaper clippings; a
Department of Veterans Affairs letter, dated 9 June 2004; and his Honorable
Discharge Certificate, dated 14 August 1946 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 August 1946, the date of his separation.  The application
submitted in this case is dated 20 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 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 enlisted in the Army on
24 January 1944 and was awarded the military occupational specialty 835
(Supply Clerk).  This form also shows the applicant was honorably
discharged on 14 August 1946.


5.  The applicant's WD AGO Form 53-55 further shows that he arrived in the
European Theater of Operations on 26 November 1944 and was awarded the
Combat Infantryman Badge, the European-African-Middle Eastern Theater
Ribbon, the World War II Victory Medal, and the Army of Occupation Medal.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-
55 does not show award of the Purple Heart.  Item 34 (Wounds Received in
Action) of this form shows the entry "None."

7.  There are no orders in the applicant's service records which show he
was awarded the Purple Heart.  There also is no evidence in his records
that show he was wounded or treated for wounds as a result of hostile
action.

8.  The applicant submitted an undated 4-page statement wherein he states,
while behind enemy lines, he had an encounter with a German soldier and
shot him twice.  The applicant continues that he feared someone had heard
the shots; therefore, he jumped out of a second floor window.  The
applicant further states that he did the best he could "to stop the
bleeding" and gave a report upon his return to the unit.

9.  The applicant continues that he was taken to the 191st General Hospital
for treatment of a "disk problem" and later transferred to the "200
Quartermaster Company" in Manheim, Germany.  He concludes after years
later, a captain informed him that he made a bad decision in not accepting
the Purple Heart and advised him to have the records corrected to show
award of the Purple Heart.

10.  A staff member of the Army Review Boards Agency requested a review of
Company A, 310th Infantry Regiment of the 78th Infantry Division's records
at the National Archives.  Officials of the National Archives reviewed the
records and did not reveal any documentation which shows the applicant was
wounded or treated for wounds due to 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, and the medical treatment must have been made a matter of
official record.  This regulation also provides that there are no time
limitations on requests for award of the Purple Heart.


12.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his WD AGO Form 53-55.

13.  The applicant submitted a certificate, dated 25 May 1948, which
awarded him the Bronze Star Medal for meritorious achievement in ground
operations against the enemy on or about 1 February 1945 in Europe while
assigned to the 310th Infantry Regiment.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.  Recommendations must be made within 2 years of the
event or period of service and the award must be made within 3 years.

15.  Records show the applicant was awarded the Combat Infantryman Badge.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is authorized for each individual who was cited in orders or awarded
a certificate for exemplary conduct in ground combat between 7 December
1941 and 2 September 1945 or whose achievement or service, during that
period, was confirmed by documents executed prior to 1 July 1947.  An award
of the Combat Infantryman Badge or the Combat Medical Badge is considered
to be a citation in orders.  Therefore, the Bronze Star Medal is to be
awarded to individuals who were authorized either badge for service during
World War II.

17.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency, and fidelity during a qualifying period of active duty enlisted
service.  The regulation states that, after 27 August 1940, three years of
qualifying service was required for award of the Good Conduct Medal, but
during the World War II era, the first award could be made based on one
year of qualifying service provided that service occurred between 7
December 1941 to 2 March 1946.  The current standard for award of the Good
Conduct Medal is 3 years of qualifying service, but as little as one year
is required for the first award in those cases when the period of service
ends with the termination of Federal military service.



18.  The applicant's separation document shows he served in the Central
Europe, Rhineland, and Ardennes campaigns.  The separation document also
shows that he was awarded the European-African-Middle Eastern Theater
Ribbon.  There are no bronze service stars affixed to this ribbon to show
qualifying service for campaign credit.

19.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  There is no evidence in the available records and the applicant did not
submit corroborating evidence that shows he was wounded or treated for
wounds incurred as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base an award of the Purple Heart in
this case.

3.  Evidence shows that the applicant was awarded the Bronze Star Medal for
meritorious achievement in ground operations against the enemy on or about
1 February 1945.  Therefore, he is entitled to correction of his separation
document to show this award.

4.  Based on the evidence which shows the applicant was awarded the Combat
Infantryman Badge, he is entitled to another award of the Bronze Star
Medal.  Therefore, the applicant is entitled to correction of his
separation document to show a Bronze Star Medal with one oak leaf cluster.

5.  A review of the reconstructed records confirms that the applicant
served honorably during the period 24 January 1944 through 14 August 1946.
Lacking any derogatory information on file that would have disqualified
him, and based on the evidence that he was awarded the Combat Infantryman
Badge and two Bronze Star Medals, it would be appropriate to award the
applicant the first award of the Good Conduct Medal for the 3-year
qualifying period.  Therefore, he is entitled to correction of his records
to show award of the Good Conduct Medal (1st Award) for this period of
service.



6.  Evidence shows the applicant was awarded the European-African-Middle
Eastern Theater Ribbon and that he participated in three campaigns;
therefore, he is entitled to correction of his separation document to have
three bronze service stars to be affixed to his European-African-Middle
Eastern Theater Ribbon.

7.  Records show the applicant should have discovered the error or
injustice now under consideration on 14 August 1946, the date of his
separation from active duty.  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.

8.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, 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___  _RML___  __JGH___  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.

3.  The Board determined that 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 award of the Bronze Star Medal with one oak leaf cluster,
the Good Conduct Medal, and affixing three bronze service stars to the
already awarded European-African-Middle Eastern Theater Ribbon.




                                      _Shirley L. Powell____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000188                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY w/Admin Note                       |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]