RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060002872


      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. Edmund P. Mercanti            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 that on 8 May 1943, his tank destroyer was
demolished by enemy fire – one round entering just to the rear of his
position as tank commander.

3.  The applicant provides his Department of Veterans Affairs (VA) rating
decision, a statement from his former commander, and his Combat Related
Special Compensation (CRSC) partial denial.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
30 November 1965, the date of his release from active duty for years of
service.  The application submitted in this case is dated 7 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 show that he enlisted in the Army
National Guard and entered on active duty on 10 March 1941.

4.  The applicant served in the European-African-Middle Eastern Theater of
Operations and was promoted to First Sergeant.  He was honorably released
from active duty due to demobilization on 14 October 1945.  The separation
document he was issued shows that he was awarded the Good Conduct Medal and
the Bronze Star Medal.  It also shows that he served in the Tunisia, Naples-
Foggia, Rome-Arno, Rhineland, and Central Europe campaigns.  Item 34 of his
separation document, Wounds Received in Action, has “None” entered.

5.  The applicant’s military records are remarkably complete.  However,
there are no orders in the applicant's military service records awarding
him the Purple Heart and there is no mention of him being wounded.

6.  In the statement from the applicant’s former commander, he stated that
while the applicant was engaged in enemy fire on 8 May 1943, his tank
destroyer was destroyed.

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  There is no evidence of record which shows that the applicant was
wounded or treated for wounds due to hostile action.

3.  The statement from the applicant’s former commander only states that
the applicant’s tank destroyer was destroyed in combat.  He did not say
that the applicant was wounded.

4.  The Board notes that the applicant has not stated that he was wounded
in action.  He only states that his tank destroyer was destroyed by enemy
fire.

5.  In summary, the applicant’s separation document states that he was not
wounded in action; his separation document does not show the award of the
Purple Heart; the applicant’s remarkably complete military records do not
contain any evidence or indication that the applicant was wounded or
awarded the Purple Heart; and neither the applicant nor his commander state
that the applicant was wounded.  As such, there is insufficient
documentation in which to award the applicant the Purple Heart.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1965, the date of his
release from active duty.  Therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 29 November
1968.  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.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jcr___  ___wdp__  ____ksj__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                            _______William D. Powers_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001605                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|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         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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