RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060006017


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 his records were lost and this award was
never received.  He is now 86 years old and recognition of his service is
very important to him.  In an attached statement by his Member of Congress
the applicant states that he served in the Army from 27 February 1941 to 17
October 1945.  He was in Europe from January 1945 to August 1945.  He was
with General Patton's 3rd Army, 767th Field Artillery.  Much of the time he
was attached but unassigned.  While serving in Europe he was wounded two
times:  (1) in a surprise attack near Bad Nauheim, Germany, in the Spring
or early Summer 1945, he broke two vertebrae and was treated in a field
hospital for three weeks; and, (2) in a battle at Neukirchen/Newkirchen,
Germany, in spring or early summer 1945, he was hit by shrapnel, one piece
of shrapnel was removed immediately, the other piece was removed in
February 1997.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 October 1945, the date of his separation from active
duty.  The application submitted in this case is dated 29 December 2005,
but was received for processing on 7 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 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.

4.  The applicant's military records show that he was inducted into the
Army of the United States on 27 February 1941.  He completed training in
military occupational specialty (MOS) 345, light truck driver.

5.  A correctly completed WD AGO Form 53-55 (Enlisted Record and Report of
Separation-Honorable Discharge) available for the Board shows the applicant
was honorably discharged from active duty, as a corporal, on 17 October
1945, for the convenience of the Government at demobilization.  The WD AGO
From 53-55 also shows he served 4 years, 7 months, and 21 days Continental
service and 5 months and 10 days service in the European Theater of
Operations (ETO).

6.  Entries on the applicant's WD AGO Form 53-55 (do not show award of the
Purple Heart.  Item 33 (Decorations and Citations) lists the following
awards:  the European African Middle Eastern Service Medal, the American
Defense Medal, and the Good Conduct Medal.  Item 55 (Remarks) list the
following awards:  the Lapel Button, the Sharpshooter Marksmanship
Qualification Badge with carbine bar, and the Marksman Marksmanship
Qualification Badge with rifle bar, M-1.

7.  There are no orders in the applicant’s service personnel records that
show he was awarded the Purple Heart.  There is also no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action.

8.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 shows the
entry, "None" to indicate the applicant was not wounded while he served in
the ETO.  The applicant affixed his right thumb print to Item 54 and placed
his signature in Item 56 to indicate that the information recorded on the
form was correct/complete to the best of his knowledge.

9.  A review of the historical files of the 767th Field Artillery, 3rd
Army, during World War II, located at the National Archives, College Park,
Maryland, failed to show the applicant was wounded in the spring or summer
of 1945.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained while in
action against the enemy or 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.  This regulation
also provides that there is no statute of limitations on requests for award
of the Purple Heart.

11.  Army Regulation 600-8-22 also 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.

12.  Army Regulation 600-8-22 also provides, in pertinent part, for award
of the American Campaign Medal.  This campaign medal is awarded for
qualifying service in the American Theater between 7 December 1941 and 2
March 1946.  Qualifying service for this campaign medal includes permanent
assignment outside the continental United States but within the American
Theater of Operations, duty as a crewmember aboard a vessel sailing ocean
waters for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

13.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows the applicant's
unit was awarded occupational credit for the occupation of Germany.  He is
therefore entitled to the Army of Occupation Medal with Germany Clasp.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, to be awarded the Purple Heart, it is necessary to
establish that a Soldier was wounded or injured in action.  There is no
evidence of record, and the applicant has provided insufficient evidence,
which shows that he was awarded the Purple Heart or that he was wounded or
treated for wounds as a result of hostile action during World War II.
Based on the foregoing, the applicant does not meet the regulatory
requirement for award of the Purple Heart; therefore, he is not entitled to
this award.

2.  The evidence shows the applicant served on active duty during the
qualifying period for award of the World War II Victory Medal.  The
evidence also show the applicant served within the Continental United
States for longer than a one-year period during the qualifying period and
is therefore entitled to award of the American Campaign Medal.  Therefore,
these awards should be added to his records.
3.  The evidence confirms the applicant is entitled to award of the Army of
Occupation Medal with Germany Clasp and it should also be added to his
records.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 January 1947, the date the
Correction Board was established; 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
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

5.  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

___AM___  ___DLL_  _WFC___  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 concerning award of the
Purple Heart.
2.  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, the American
Campaign Medal, and the Army of Occupation Medal with Germany Clasp.




                                  ____William F. Crain_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006017                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY with NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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