RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060005640


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |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, in effect, that he should have received the
Purple Heart because he earned it for being wounded during his military
service.  He states that he was shot June 6, 1944 but he refused to take
the Purple Heart.  He states that on December 1944, he was shot again and
for the second time he refused the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on  
2 December 1945, the date he was discharged from active duty.  The
application submitted in this case is dated 12 April 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 personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  The records
available to the ABCMR were provided in part by the applicant and also
obtained from alternate sources.  However, the primary record considered by
the Board is the applicant’s WD AGO Form 53-55.

4.  The available records show the applicant was inducted on 9 July 1943
and entered active duty on 30 July 1943.  He served in the military
occupational specialty 345 (Truck Driver Light) in the European-African-
Middle Eastern Theater during the period 11 January 1944 to 18 November
1945.

5.  The applicant was honorably discharged from active duty for the
convenience of the government due to demobilization on 2 December 1945.


6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows
he participated in the Rome-Arno, Normandy, Northern France, Rhineland, and
Central Europe campaigns.

7.  Item 33 (Decorations and Citations) shows the applicant was awarded the
Good Conduct Medal and bronze service arrowhead.  However, it does not show
he was awarded the Purple Heart.

8.  Item 34 (Wounds Received in Action) contains the entry "None."

9.  There are no medical records in the applicant's official military
personnel file to show he sustained wounds as a result of hostile action or
to show he was treated for wounds sustained as a result of hostile action.

10.  There are no general orders in the available records to show the
applicant was awarded the Purple Heart.

11.  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.

12.  The applicant's record indicates entitlement to additional awards and
decorations not shown on his WD AGO Form 53-55.

13.  Army Regulation 600-8-22 (Military Awards) 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 Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  This regulation also states,
for an 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.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the
European-African-Middle Eastern Campaign Medal is awarded for service
within the European-African-Middle Eastern Theater between 7 December 1941
and  
8 November 1945.


16.  Based on the applicant's dates of service in the European-African-
Middle Eastern Theater, he participated in five campaigns.  This same
regulation states that a bronze service star will be awarded for wear on
the European-African-Middle Eastern Campaign Medal for participation in
each campaign and that a silver service star is authorized in lieu of five
bronze service stars.

DISCUSSION AND CONCLUSIONS:

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

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his available records which shows he
was wounded or injured as a result of hostile action or treated for such
wounds.

3.  Evidence of records show that the applicant is entitled to the award of
Army of Occupation Medal with Germany Clasp.  Therefore, the applicant is
entitled to correction of his records to show this award.

4.  Evidence of records show that the applicant is entitled to the award of
the World War II Victory Medal.  Therefore, the applicant is entitled to
correction of his records to show this award.

5.  Evidence of records show that the applicant is entitled to the award of
the European-African-Middle Eastern Campaign Medal.  Therefore, the
applicant is entitled to correction of his records to show this award.

6.  Records show that the applicant participated in five campaigns during
his service in the European-African-Middle Eastern Theater.  Therefore, he
is entitled for one silver service star to be affixed to his European-
African-Middle Eastern Campaign Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 December 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
 
2 January 1947, therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  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.



8.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____jcr__  ____dwt_  ___rws__  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 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 by showing award of the Army of Occupation Medal with Germany
Clasp, European-African-Middle Eastern Campaign Medal with one silver
service star, and the World War II Victory Medal.




                                  _______Jeffrey C. Redmann________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005640                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|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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