RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         3 October 2006
      DOCKET NUMBER:  AR20060004718


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, the PH was not included on his
separation document.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 1 August 1945, the date of his separation from active
duty.  The application submitted in this case is dated 15 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 record shows he enlisted in the Regular Army and
entered active duty on 21 June 1940.  He held and served in military
occupational specialty (MOS) 041 (Automotive Mechanic), and served in the
European Theater of Operations (ETO) from 6 November 1944 through 16 July
1945.

4.  The applicant's record shows that during his tenure on active duty, he
earned the following awards:  Army Good Conduct Medal; American Defense
Service Ribbon; European-African-Middle Eastern Campaign Medal with 2
bronze service stars; Combat Infantryman Badge (CIB); Sharpshooter
Qualification Badge with Rifle Bar, 1 Overseas Service Bar, and 1 Service
Stripe.  The record does not indicate he was ever awarded the PH while
serving on active duty.

5.  The applicant's Official Military Personnel File (OMPF) includes
various medical treatment records and a final separation physical
examination report.  These documents give no indication that the applicant
was ever treated for a combat related wound or injury while serving on
active duty.  His file is void of any orders, or other documents indicating
he was wounded in action, or awarded the PH by proper authority.
6.  On 1 August 1945, the applicant was honorably separated after
completing a total of 5 years, 1 month, and 11 days of active military
service.  The separation document (WD AGO Form 53-55) he was issued upon
his separation does not include the PH in the list of awards contained in
Item 33 (Decorations and Citations), and Item 34 (Wounds Received In
Action) contains the entry
"None".  The applicant authenticated this document with his signature in
Item 56 (Signature of Person Being Separated) on the date of his
separation.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action, that the wound required
treatment by military medical personnel, and a record of this treatment
must have been made a matter of official record.

8.  Paragraph 3-13d (2) of the awards regulation states, in effect, that
the BSM is authorized to members of the Armed Forces of the United States
who, after
6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.

9.  Paragraph 5-11 of the awards regulation provides guidance on the World
War II Victory Medal.  It states, in pertinent part, that it was authorized
for members who served on active duty between 7 December 1941 and 31
December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully
considered.  However, in order to support award of the PH, there must be
evidence confirming the member was wounded in action, that the wound for
which the award is being made required treatment by military medical
personnel, and a record of this medical treatment must have been made a
matter of official record.

2.  The applicant's record contains no indication that he was ever wounded
in action while serving on active duty, or that he was ever treated for a
combat related wound or injury while serving on active duty.  The record is
also void of any orders, or other documents, that indicate he was ever
recommended for, or awarded the PH by proper authority.

3.  Further, the PH is not included in the list of awards contained in Item
33 of the applicant's separation document, and Item 34 contains the entry
"None", which indicates he was never wounded in action.  The applicant
authenticated the
WD AGO Form 53-55 with his signature in Item 56 on the date of his
separation from active duty.

4.  In effect, the applicant's signature on his WD AGO Form 53-55 was his
verification that the information contained on the separation document, to
include the Item 33 and Item 34 entries, was correct at the time the
document was prepared and issued.  Absent any evidence that the applicant
was wounded in action, or treated for a combat related wound or injury
while serving on active duty, the regulatory burden of proof necessary to
support award of the PH has not been satisfied in this case.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration related to award of the PH on 1 August
1945, the date of his separation from active duty.  Therefore, based on the
date the Board was established, 2 January 1947, the time for him to file a
request for correction of any error or injustice expired on 1 January 1950.
 He failed to 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.

6.  The evidence of record does show that based on his having earned the
CIB during World War II, the applicant is entitled to the BSM, for his
exemplary conduct in ground combat against an armed enemy while serving in
the ETO between 6 November 1944 and 16 July 1945.  In addition, based on
his active duty service during World War II, he is also entitled to the
World War II Victory Medal.  The omission of these awards from his record
and separation document is an administrative matter that does not require
Board action.  Therefore, the Case Management Support Division (CMSD), St.
Louis, Missouri, will administratively correct his record as outlined by
the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KLW__  __TMR   _  __SJS __  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Purple Heart.  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.

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 his entitlement to the Bronze Star Medal and World War II
Victory Medal; and by providing him a correction to his separation document
that includes these awards.




                                  _____Kenneth L. Wright_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004718                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/08/01                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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