RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            11 JULY 2006
      DOCKET NUMBER:   AR20060002670


      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:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Jeanette McCants              |     |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 he be awarded the appropriate number of
Purple Hearts.

2.  The applicant states, in effect, that he sustained a back injury during
World War II (WW II) when an enemy shell hit the building he was in and he
was trapped under a telephone console that fell on him.  Additionally, he
suffered a concussion, an injury to his arm, and further aggravated his
back injury.  He goes on to state that he sustained shrapnel wounds to his
leg and did not get treatment for that wound until 23 September 1947, when
he went to a civilian hospital for treatment of those wounds.  He goes on
to state that he did not seek treatment for his wounds and injuries while
in the military but that he did incur them while serving and that they were
the result of enemy action and he should have received three Purple Hearts.


3.  The applicant provides a two-page letter of explanation authored by his
brother, a Department of Veterans Affairs (VA) Rating Decision, and 10
pages of photocopies of photographs with annotations.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 19 May 1946.  The application submitted in this case was
received on 17 February 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.  He was inducted in Washington, D.C. on 21 July 1944.  He completed his
training as a rifleman and was transferred to the European Theater of
Operations in January 1945.  He arrived in France on 6 February 1945.

5.  He participated in the Rhineland and Central Europe Campaigns, was
promoted to the rank of staff sergeant and was awarded the Combat
Infantryman Badge (CIB).  He returned to the United States on 15 May 1946
and was transferred to Fort Meade, Maryland.

6.  On 19 May 1946, he was honorably discharged after having served 1 year,
9 months, and 28 days of active service.  He was awarded the CIB, the
Bronze Star Medal, the Good Conduct Medal, the European-African-Middle
Eastern Campaign Medal with two bronze service stars, the World War II
Victory Medal, and the Army of Occupation Medal with Germany Clasp.

7.  A review of the available records, to include hospital admission
records failed to show any indication that the applicant received or was
treated for any wounds or injuries that were the result of enemy action.

8.  The documents provided by the applicant with his application include a
VA Rating Decision dated 2 November 2005 that indicates he was granted 0%
for service connected residual scars from shell fragments to the right
forearm and right calf and 10% for multiple noncompensable service
connected disabilities.  His request for service connected disabilities of
post-traumatic stress disorder (PTSD), circulatory condition of the right
leg, residuals of concussion and residuals of a back injury were denied.
The applicant’s claim of back injuries dated back to 23 May 1946 (when it
was previously denied by the VA).

9.  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 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 is no statute of limitations on
requests for award of the Purple Heart

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant has vividly described the events surrounding his
wounds and injuries, he has provided insufficient corroborating evidence to
support his claims.

2.  By the applicant’s own admission, he did not seek treatment for his
wounds/injuries until after his discharge.  However, he has failed to show
through the evidence of record or the evidence submitted with his
application that his wounds/injuries were treated by medical personnel,
that the treatment was made a matter of record, and that they were
inflicted as a result of enemy action.

3.  The criteria for award of the Purple Heart is very specific in that it
requires that the individual concerned must be treated by medical
personnel, that the treatment be made a matter of record and that the
injury/wound was a result of enemy action.  Inasmuch as the applicant has
failed to satisfy all three requirements with sufficient evidence to
establish his entitlement to a Purple Heart, there appears to be no basis
to award him one at this time.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 May 1946, the date of his
separation from active duty.  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.  However,
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 the failure to timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____JS  _  ___CD __  ___JM __  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.




                                  _______John Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002670                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060711                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19461119                                |
|DISCHARGE AUTHORITY     |AR  316-365                             |
|DISCHARGE REASON        |DEMOB                                   |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |                                        |
|1.107.0015/61/PH        |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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