RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060004340


      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. James Gunlicks                |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Scott Faught                  |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) for the period ending 31 May 1966 to show award of
the Purple Heart.

2.  The applicant states that he was given a Purple Heart while in Europe
for shrapnel wounds to his lower left leg.  He contends that during the
“Battle of the Bulge” he was injured and he received the Purple Heart.  He
also contends that the Purple Heart, as well as the Silver Star, are not
shown on his DD Form 214.

3.  The applicant provides two pages of his DA Form 20 (Enlisted
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 1966.  The application submitted in this case is dated 8
March 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 requested correction of his records to show award of the
Silver Star.  There are no orders or other evidence authorizing this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Silver Star
under the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, they
will not be discussed further in this Record of Proceedings.

4.  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.

5.  The applicant was inducted on 3 June 1943 and entered active duty on
17 June 1943.  He served in the European Theater of Operations from 4 April
1944 until approximately 14 August 1945 and was honorably discharged on
23 October 1945.

6.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of
Separation) shows the Good Conduct Medal, the European-African-Middle
Eastern Campaign Medal with four bronze service stars, and two awards of
the Overseas Service Bar as authorized awards.  Item 34 (Wounds Received in
Action) on his WD AGO Form 53-55 shows the entry, “None.”

7.  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.

8.  The applicant reenlisted on 17 August 1948 for a period of 3 years.  On

25 June 1951, he was honorably discharged for immediate reenlistment.

9.  The applicant’s DD Form 214 (Report of Separation form the Armed Forces
of the United States) for the period ending 25 June 1951 shows the Army of
Occupation Medal with Germany Clasp as an authorized award.

10.  The applicant reenlisted on 26 June 1951 and remained on active duty
through continuous reenlistments until he retired on 31 May 1966 in the
rank of sergeant first class.

11.  The applicant’s DD Form 214 for the period ending 5 March 1963 does
not show any awards or decorations.  His DD Form 214 for the period ending
31 May 1966 shows the Good Conduct Medal (6th Award) as an authorized
award.

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.




14.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.  The regulation provides that
the second award of the National Defense Service Medal is denoted by a
bronze service star affixed to the service ribbon.

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 amend his
DD Form 214 for the period ending 31 May 1966 to show award of the Purple
Heart.

2.  The applicant served a period of qualifying service for award of the
World War II Victory Medal and two awards of the National Defense Service
Medal.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 31 May 1966; therefore, the time for the applicant
to file a request for correction of any error expired on 30 May 1969.
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 administrative
errors which do 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

JG_____  _MF_____  _SF_____  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 administrative errors 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 World War II Victory
Medal and the National Defense Service Medal with one bronze service star
on his DD Form 214 for the period ending 31 May 1966.



                                  __James Gunlicks__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004340                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|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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