RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      24 August 2006
      DOCKET NUMBER:  AR20060001766


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 that his records be corrected to reflect two
awards of the Purple Heart.

2.  The applicant states that he was an Army Ranger who earned two awards
of the Purple Heart; however, they are not reflected on his records and his
records were burned in a house fire.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 December 1955.  The application submitted in this case is
dated 26 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 at Louisville, Kentucky, on 10 November
1953.  He attended light vehicle and driving courses at Fort Knox,
Kentucky.  He was awarded the military occupational specialty of a heavy
vehicle driver.

5.  On 5 December 1955, he was honorably released from active duty (REFRAD)
in the rank of private first class at Fort Myer, Virginia.  He had served 2
years of total active service and had 26 days of lost time.  His DD Form
214 issued at the time of his REFRAD indicates that he had no foreign or
sea service and his only award was the National Defense Service Medal.

6.  A review of the Korean War Casualty Roster failed to show that the
applicant was reported as a casualty.  Additionally, the Armistice that
ended hostilities in Korea was signed by the United States and North Korea
on 27 July 1953.

7.  Army Regulation 600-8-22 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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded two awards of the Purple
Heart have been noted and found to be without merit.  Not only is there no
evidence in the available records to show that he was wounded as a result
of enemy actions, there is no indication that he ever served overseas or
outside the Continental United States.

2.  His name is not contained on the Korean Casualty Roster and he entered
the Army approximately 4 months after hostilities in Korea ceased .

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 December 1955; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 December 1958.  The applicant did not 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.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JM____  __RCH__  __SWF__  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.




                                  _____Jeanette McCants______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001766                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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