RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060001491


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine Taylor                |     |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 his neck injury happened overseas
during the Battle of the Bulge in World War II.  In a letter to a Member of
Congress, the applicant stated, in pertinent part, that “The wound was
caused by an artillery shell exploding too close to me and I had jumped in
a hole with six mortar shells that I was carrying slung around my neck.”
He contends at the time he was wounded, he did not receive medical
treatment because they were fighting their way through Germany.  He also
contends that although his injury has never shown in x-rays, it has
bothered him.  He further contends that when he was sent to the Department
of Veterans Affairs (DVA) hospital in Grand Junction, Colorado, in 1957 his
injury was discovered.

3.  The applicant provides a VA Form 3542 (Authorization to Report –
Voucher for Mileage Allowance), dated 22 October 1957; a WD AGO Form 100
(Separation Qualification Record); his birth certificate; a letter from
President Truman; an undated letter from the DVA; and a copy of his WD AGO
Form 53-55 (Enlisted Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 August 1946.  The application submitted in this case is dated 25 January
2006.

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.

4.  The applicant was inducted on 11 October 1944.  He served in the
European-African-Middle Eastern Theater of Operations from 7 March 1945
through 20 July 1946 and was honorably discharged on 7 August 1946.

5.  The applicant’s WD AGO Form 53-55 shows the European-African-Middle
Eastern Campaign Medal with two bronze service stars, the Good Conduct
Medal, the Army of Occupation Medal with Germany Clasp, two awards of the
Overseas Service Bar, and the World War II Victory Medal as authorized
awards. Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form
53-55 shows the entry, “None.”  His WD AGO Form 53-55 also shows he
received the Combat Infantryman Badge.

6.  There is no evidence in the available records that shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

7.  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.  When contemplating an award of this decoration, the key
issue that commanders must take into consideration is the degree to which
the enemy caused the injury.  The fact the proposed recipient was
participating in direct or indirect combat operations is a necessary
prerequisite, but is not sole jurisdiction for award.

8.  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.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action during World
War II.  Regrettably, there is insufficient evidence on which to award the
Purple Heart in this case.
2.  Based on award of the Combat Infantryman Badge, the applicant is
entitled to the Bronze Star Medal.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 7 August 1946; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 1
January 1950
(3 years after the Board was established on 2 January 1947).  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.

4.  Evidence shows that the applicant’s records contain an 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

CG_____  _JG_____  _PT_____  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.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned
to show that he was awarded the Bronze Star Medal (based on award of the
Combat Infantryman Badge).

                                  __Curtis Greenway_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001491                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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