RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060002983


      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             |
|     |Mrs. Victoria A. Donaldson        |     |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 he sustained a concussion, hearing loss, and
shrapnel wounds as a result of being hit by a "buzz bomb."

3.  The applicant provides a copy of a Department of Veterans Affairs
Disability Rating document, two WD AGOs 53-55 (Enlisted Record and Report
of Separation), and three letters of support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 December 1947, the date of his discharge.  The
application submitted in this case is dated 16 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 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 with the separation date 7 June 1946
shows that he was inducted in the Army of the United States and entered
active duty on 7 February 1943 in military occupational specialty (MOS) 345
(Truck Driver Light).  This form also shows that he was assigned to
Headquarters Troop, 97th Constabulary Signal Squad.

5.  This WD AGO Form 53-55 further shows he completed 1, year, 7 months,
and 15 days of continental service and 1 year, 7 months, and 24 days of
foreign service.  He was honorably separated on 7 June 1946 for the purpose
of enlisting in the regular Army.
6.  This WD AGO shows that the applicant was awarded a bronze service star
for participation in the Rhineland, Ardennes, and Central Europe campaigns.

7.  Item 34 (Wounds Received in Action) of this WD AGO 53-55 contains the
entry "none."  Item 33 (Decorations and Citations) shows the applicant was
awarded the European-African-Middle Eastern Campaign Medal and the Good
Conduct Medal

8.  The applicant's WD AGO Form 53-55 with the separation date 7 December
1947 shows that he enlisted in the Regular Army and entered active duty on
8 June 1946 in MOS 345 (Truck Driver Light).  This form further shows that
the applicant's place of entry was Bamberg Bay, Germany.

9.  Item 32 (Battles and Campaigns), Item 33 (Decorations and Citations),
and Item 34 (Wounds Received in Action) of this WD AGO 53-55 contains the
entry "None."

10.  There is no evidence in the available records which show that the
applicant sustained injuries as a result of hostile action or that he was
treated for wounds sustained as a result of hostile action.

11.  The applicant submitted three letters of support which essentially
state, that the applicant was involved in direct ground combat and that he
sustained hearing loss as a result of a "buzz bomb" attack

12.  The applicant also submitted a Department of Veterans Affairs
Disability Rating document which shows that he received a 50 percent
disability rating for hearing loss.  This rating decision does not show
that the hearing loss was sustained as a result of hostile action.

13.  A review of the applicant's records indicates that the applicant is
entitled to additional awards not shown on his WD AGO 53-55.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the World War II Victory Medal.  The World War II
Victory Medal was established by the act of Congress on 6 July 1945.  It
was awarded for service between 7 December 1941 and 31 December 1946, both
dates inclusive.  Records show the applicant served during the period 12
February 1942 through 10 November 1945.


15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Army of Occupation Medal is awarded for service of thirty
consecutive days at a normal post of duty in a qualifying location.
Personnel at a qualifying location as an inspector, courier, and escort on
temporary or detached duty are precluded from eligibility.  For award of
the Army of Occupation Medal with Germany Clasp, qualifying service must
have occurred between 9 May 1945 and 5 May 1955 and the European-African-
Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
for wounds sustained as a result of being hit by a "buzz bomb."

2.  Notwithstanding the letters of support provided by the applicant which
state that he sustained hearing loss as a result of hostile action, there
is no evidence in the available records and the applicant has not provided
sufficient evidence showing he sustained injuries as a result of hostile
action or that he received treatment for injuries that were sustained as a
result of hostile action.  Based on the foregoing, there is insufficient
evidence to grant the applicant's request for award of the Purple Heart in
this case.

3.  Evidence of record shows the applicant served during the period 7
February 1943 through 7 December 1947 which is a qualifying period of
service for award of the World War II Victory Medal.  Therefore, he is
entitled to correction of his records to show this award.

4.  Evidence of record shows the applicant served in the European Theater
of Operations during the period 19 April 1944 through 12 December 1945
which is a qualifying period of service for award of the Army of Occupation
Medal with Germany Clasp.  Therefore, he is entitled to correction of his
records to show this award.



5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 December 1947, the date of his
separation from active duty.  As a result, the time for the applicant to
file a request for correction of any error or injustice expired on 6
December 1950.  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 are no time 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:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case.

2.  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 World War II Victory Medal and Army of
Occupation Medal with Germany Clasp.




                                     _William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002983                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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